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In re the Accounting of Burrows

145 N.E.2d 26, 3 N.Y.2d 869, 166 N.Y.S.2d 312, 1957 N.Y. LEXIS 947
CourtNew York Court of Appeals
DecidedJuly 3, 1957
StatusPublished

This text of 145 N.E.2d 26 (In re the Accounting of Burrows) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Accounting of Burrows, 145 N.E.2d 26, 3 N.Y.2d 869, 166 N.Y.S.2d 312, 1957 N.Y. LEXIS 947 (N.Y. 1957).

Opinion

Per Curiam.

The order of the Appellate Division should be modified by disallowing management commissions to County Trust Company, coexecutor, under subdivision 6 of section 285 [871]*871(formerly § 285, subd. 9) of the Surrogate’s Court Act, upon rents collected under a long-term net lease made by testator during his lifetime with R. H. Macy & Co., Inc., which the record does not indicate required such services as are contemplated by the management of real property within the meaning of this section (Matter of Smathers, 309 N. Y. 487).

As so modified, the order should be affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ., concur.

Ordered accordingly.

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Related

In re the Accounting of Guaranty Trust Co.
131 N.E.2d 896 (New York Court of Appeals, 1956)

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Bluebook (online)
145 N.E.2d 26, 3 N.Y.2d 869, 166 N.Y.S.2d 312, 1957 N.Y. LEXIS 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-burrows-ny-1957.