In re Bearns
This text of 188 A.D. 215 (In re Bearns) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The question raised on this appeal is whether the trustees, upon the judicial settlement of their accounts before the trust is terminated, are entitled to half commissions upon the value of real property received by them prior to the amendment of section 2753 of the Code of Civil Procedure in 1916 (Laws of 1916, chap. 596). The surrogate decided that this question is governed by his opinion in Matter of Potter (106 Misc. Rep. 113). We adopt the reasoning of the surrogate in that case and affirm the decree.
The decree of the Surrogate’s Court of Kings county [216]*216should be affirmed, with costs to the respondents payable out of the estate.
Jenks, P. J., Mills, Rich, Blackmar and Kelly, JJ., concurred.
Decree of the Surrogate’s Court of Kings county affirmed, with costs to the respondents payable out of the estate.
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Cite This Page — Counsel Stack
188 A.D. 215, 176 N.Y.S. 794, 1919 N.Y. App. Div. LEXIS 7153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bearns-nyappdiv-1919.