In re Haskin's Estate

New York Surrogate's Court

In re Haskin's Estate

112 N.Y.S. 1008

DecidedJanuary 11, 1898

StatusPublished

This text of 112 N.Y.S. 1008 (In re Haskin's Estate) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Haskin's Estate, 112 N.Y.S. 1008 (N.Y. Super. Ct. 1898).

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Opinion

FITZGERALD, S.

In this matter -I do not think that any commission can be allowed to the temporary administrator in respect to the receiving of so much of the money or securities of the estate in his hands as had been in possessidn of his predecessor, and as to which the estate of the latter was 'awarded commissions. Attorney General v. Continental Life Ins. Co., 32 Hun, 223, affirmed 99 N. Y. 674. The decision in the Estate of Egan, 7 Misc. Rep. 263, 27 N. Y. Supp. 1009, which is cited as an authority for the granting of the commissions which I have disallowed, simply holds that a temporary administrator is entitled to commissions in legacies specifically bequeathed, although they would be exempt from commissions in the hands of the executor. One-half commissions for paying out or turning over the moneys and securities mentioned, and full commissions upon residue of tne personal property and of the income of the entire estate, are the most that can be awarded to the administrator for his services in respect to the unimproved real estate and the other property intrusted to his care. Estate of Maltby G. Lane, Surr. Dec. 1891, p. 388; Estate of Egan, 7 Misc. Rep. 263, 27 N. Y. Supp. 1009.

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FITZGERALD, S.

In this matter -I do not think that any commission can be allowed to the temporary administrator in respect to the receiving of so much of the money or securities of the estate in his hands as had been in possessidn of his predecessor, and as to which the estate of the latter was 'awarded commissions. Attorney General v. Continental Life Ins. Co., 32 Hun, 223, affirmed 99 N. Y. 674. The decision in the Estate of Egan, 7 Misc. Rep. 263, 27 N. Y. Supp. 1009, which is cited as an authority for the granting of the commissions which I have disallowed, simply holds that a temporary administrator is entitled to commissions in legacies specifically bequeathed, although they would be exempt from commissions in the hands of the executor. One-half commissions for paying out or turning over the moneys and securities mentioned, and full commissions upon residue of tne personal property and of the income of the entire estate, are the most that can be awarded to the administrator for his services in respect to the unimproved real estate and the other property intrusted to his care. Estate of Maltby G. Lane, Surr. Dec. 1891, p. 388; Estate of Egan, 7 Misc. Rep. 263, 27 N. Y. Supp. 1009.

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Bluebook (online)

112 N.Y.S. 1008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-haskins-estate-nysurct-1898.