In re the Estate of Horner
This text of 126 Misc. 772 (In re the Estate of Horner) 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.
Opinion
Commissions will be allowed only upon the equity of the mortgaged real estate and only on the proceeds of the sale of stock owned by the deceased on margin which actually came into the hands of the executors. (Matter of Mercantile Trust Co., 210 N. Y. 83; Matter of Wilcox, N. Y. L. J. April 21, 1922; Matter of Hunt, Id. Aug. 29, 1924; Matter of Falk, Id. April 8, 1924.) As the will directs the payment of debts and legacies and then gives a residue in trust it contemplates separate duties as executors and trustees and commissions will be allowed in both capacities. Compensation of special guardians fixed. Complete decree accordingly.
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Cite This Page — Counsel Stack
126 Misc. 772, 215 N.Y.S. 654, 1926 N.Y. Misc. LEXIS 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-horner-nysurct-1926.