In re Suarez's Estate

New York Surrogate's Court

In re Suarez's Estate

158 N.Y.S. 140, 1916 N.Y. Misc. LEXIS 1419

CourtNew York Surrogate's Court

DecidedMarch 29, 1916

StatusPublished

Cited by1 cases

This text of 158 N.Y.S. 140 (In re Suarez'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 Suarez's Estate, 158 N.Y.S. 140, 1916 N.Y. Misc. LEXIS 1419 (N.Y. Super. Ct. 1916).

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Opinion

FOWLER, S.

[1, 2] Upon this accounting the trustees ask that they be allowed commissions upon rents collected by them after the death of the life tenant. As the testator expressly provided that the trust should terminate upon the death of the life tenant, the trustees had no authority to collect rents after that date, and therefore they are not entitled to commissions upon any rents received or collected by them after the termination of the trust. Neither are they entitled to commissions upon the value of the real estate held in trust during the life of testator’s wife, notwithstanding the power of sale given to them, as such power was not exercised, and the testator’s issue became entitled to possession of the real estate immediately upon the death of the life tenant.

Costs taxed. Submit corrected decree.

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FOWLER, S.

[1, 2] Upon this accounting the trustees ask that they be allowed commissions upon rents collected by them after the death of the life tenant. As the testator expressly provided that the trust should terminate upon the death of the life tenant, the trustees had no authority to collect rents after that date, and therefore they are not entitled to commissions upon any rents received or collected by them after the termination of the trust. Neither are they entitled to commissions upon the value of the real estate held in trust during the life of testator’s wife, notwithstanding the power of sale given to them, as such power was not exercised, and the testator’s issue became entitled to possession of the real estate immediately upon the death of the life tenant.

Costs taxed. Submit corrected decree.

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Bluebook (online)

158 N.Y.S. 140, 1916 N.Y. Misc. LEXIS 1419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-suarezs-estate-nysurct-1916.

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