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In re Kruppenbacher

265 A.D. 956, 38 N.Y.S.2d 804, 1942 N.Y. App. Div. LEXIS 6726
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 22, 1942
StatusPublished

This text of 265 A.D. 956 (In re Kruppenbacher) 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 Kruppenbacher, 265 A.D. 956, 38 N.Y.S.2d 804, 1942 N.Y. App. Div. LEXIS 6726 (N.Y. Ct. App. 1942).

Opinion

The decree of August 19, 1938, which allowed the trustees commissions and costs, has been reversed. (Matter of Ziegler, 256 App. Div. 305.) The decree of April 6, 1939, which, in conformity with our decision in Matter of Ziegler (supra) revoked and remitted the commissions and costs originally allowed, is controlling. The Surrogate was powerless to amend the portion of the latter decree withholding the commissions and costs. (Surr. Ct. Act, § 20, subd. 6; Herpe v. Herpe, 225 N. Y. 323.) Permission of the Surrogate is unnecessary for issuance of execution. (Matter of Mason, 175 Misc. 458.) Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Related

Herpe v. . Herpe
122 N.E. 204 (New York Court of Appeals, 1919)
In re the Judicial Settlement of the Intermediate Account of Proceedings of Kruppenbacher
256 A.D. 305 (Appellate Division of the Supreme Court of New York, 1939)
In re the Estate of Mason
175 Misc. 458 (New York Surrogate's Court, 1940)

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Bluebook (online)
265 A.D. 956, 38 N.Y.S.2d 804, 1942 N.Y. App. Div. LEXIS 6726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kruppenbacher-nyappdiv-1942.