In re the Accounting of Wiseman

Appellate Division of the Supreme Court of New York

In re the Accounting of Wiseman

282 A.D. 986, 125 N.Y.S.2d 330, 1953 N.Y. App. Div. LEXIS 5628

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

DecidedNovember 12, 1953

StatusPublished

This text of 282 A.D. 986 (In re the Accounting of Wiseman) 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 Wiseman, 282 A.D. 986, 125 N.Y.S.2d 330, 1953 N.Y. App. Div. LEXIS 5628 (N.Y. Ct. App. 1953).

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Opinion

Appeal from a decree of the Surrogate of Chenango County, entered October 15, 1952, allowing the attorney for the executors of the estate the sum of $8,000 for his services for the estate. The appeal is taken by Middlebury College, the residuary legatee under the last will and testament of the decedent. The gross distributable estate was $85,969. A single executor’s commission of $1,739.38 was granted. There were no unusual features in the administration of the estate. We believe that an allowance of $4,000 would have been adequate. Decree, insofar as appealed from, reversed .upon the facts in the exercise of discretion and the amount allowed to the attorney for the estate reduced to the sum of $4,000. Poster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Appeal from a decree of the Surrogate of Chenango County, entered October 15, 1952, allowing the attorney for the executors of the estate the sum of $8,000 for his services for the estate. The appeal is taken by Middlebury College, the residuary legatee under the last will and testament of the decedent. The gross distributable estate was $85,969. A single executor’s commission of $1,739.38 was granted. There were no unusual features in the administration of the estate. We believe that an allowance of $4,000 would have been adequate. Decree, insofar as appealed from, reversed .upon the facts in the exercise of discretion and the amount allowed to the attorney for the estate reduced to the sum of $4,000. Poster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Bluebook (online)

282 A.D. 986, 125 N.Y.S.2d 330, 1953 N.Y. App. Div. LEXIS 5628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-wiseman-nyappdiv-1953.