In re Kruppenbacher

Appellate Division of the Supreme Court of New York

In re Kruppenbacher

265 A.D. 956, 38 N.Y.S.2d 804, 1942 N.Y. App. Div. LEXIS 6726

Appellate Division of the Supreme Court of the State of New York·Decided December 22, 1942·Published

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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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.

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).

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Opinion

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