In re the Accounting of Potter

Appellate Division of the Supreme Court of New York

In re the Accounting of Potter

283 A.D. 979, 130 N.Y.S.2d 608, 1954 N.Y. App. Div. LEXIS 5990

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 1954

StatusPublished

This text of 283 A.D. 979 (In re the Accounting of Potter) 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 the Accounting of Potter, 283 A.D. 979, 130 N.Y.S.2d 608, 1954 N.Y. App. Div. LEXIS 5990 (N.Y. Ct. App. 1954).

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Opinion

Appeal from a decree of the Surrogate’s Court of Ulster County, entered October 16,1952, settling the accounts of the executors and trustees. Two executors served for approximately twenty years. The will left the life use of a small estate to the widow with broad powers in connection with the disposal of assets, but without expressed powers of invading the principal. The record does not reveal any personal gain or dishonesty on the part of the executors. They did the best they could to take care of the widow, and, the record indicates, with complete consent of the six adult children. Now on this appeal one objects to technical mistakes that the executors might have made. On trivial matters the executors may have technically, and unwittingly, exceeded their powers. The executors improperly took part of their commissions before they were allowed, but the Surrogate has sustained that objection and fixed their lawful commissions with no loss to the estate. The record discloses that on major decisions the executors acted at the time with the consent of all the interested parties. All of the other numerous objections relate only to factual situations, which the Surrogate has decided. We see no reason to disturb the Surrogate’s decree. Decree unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpem and Imrie, JJ.

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Appeal from a decree of the Surrogate’s Court of Ulster County, entered October 16,1952, settling the accounts of the executors and trustees. Two executors served for approximately twenty years. The will left the life use of a small estate to the widow with broad powers in connection with the disposal of assets, but without expressed powers of invading the principal. The record does not reveal any personal gain or dishonesty on the part of the executors. They did the best they could to take care of the widow, and, the record indicates, with complete consent of the six adult children. Now on this appeal one objects to technical mistakes that the executors might have made. On trivial matters the executors may have technically, and unwittingly, exceeded their powers. The executors improperly took part of their commissions before they were allowed, but the Surrogate has sustained that objection and fixed their lawful commissions with no loss to the estate. The record discloses that on major decisions the executors acted at the time with the consent of all the interested parties. All of the other numerous objections relate only to factual situations, which the Surrogate has decided. We see no reason to disturb the Surrogate’s decree. Decree unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpem and Imrie, JJ.

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Bluebook (online)

283 A.D. 979, 130 N.Y.S.2d 608, 1954 N.Y. App. Div. LEXIS 5990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-potter-nyappdiv-1954.