In re Denberg

Appellate Division of the Supreme Court of New York

In re Denberg

54 A.D.2d 866, 388 N.Y.S.2d 308, 1976 N.Y. App. Div. LEXIS 14647

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 1976

StatusPublished

This text of 54 A.D.2d 866 (In re Denberg) 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.

Bluebook

In re Denberg, 54 A.D.2d 866, 388 N.Y.S.2d 308, 1976 N.Y. App. Div. LEXIS 14647 (N.Y. Ct. App. 1976).

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Opinion

— Supplemental order to accounting decree of Surrogate’s Court, New York County, [867]*867entered December 15, 1975, disallowing and dismissing the executrix appellant’s objections to the awards previously granted to guardians and to the attorneys for the former executor in the amounts of $75,000 and $20,000, respectively, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of reducing the guardians’ fee to $50,000, payable in equal amounts as set forth in said order and reducing the attorneys’ fee to $10,000. Except as so modified said order is affirmed, with $40 costs and disbursements payable out of the estate to all parties filing briefs herein. Upon the instant record, and after giving due weight to the various elements requiring consideration on applications such as this (cf. Matter of Potts, 213 App Div 59, affd 241 NY 593), we find the awards granted excessive to the extent indicated. Concur — Murphy, J. P., Lupiano, Birns, Silverman and Nunez, JJ.

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— Supplemental order to accounting decree of Surrogate’s Court, New York County, [867]*867entered December 15, 1975, disallowing and dismissing the executrix appellant’s objections to the awards previously granted to guardians and to the attorneys for the former executor in the amounts of $75,000 and $20,000, respectively, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of reducing the guardians’ fee to $50,000, payable in equal amounts as set forth in said order and reducing the attorneys’ fee to $10,000. Except as so modified said order is affirmed, with $40 costs and disbursements payable out of the estate to all parties filing briefs herein. Upon the instant record, and after giving due weight to the various elements requiring consideration on applications such as this (cf. Matter of Potts, 213 App Div 59, affd 241 NY 593), we find the awards granted excessive to the extent indicated. Concur — Murphy, J. P., Lupiano, Birns, Silverman and Nunez, JJ.

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Bluebook (online)

54 A.D.2d 866, 388 N.Y.S.2d 308, 1976 N.Y. App. Div. LEXIS 14647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-denberg-nyappdiv-1976.

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