In re the Estate of Marri

New York Surrogate's Court

In re the Estate of Marri

79 Misc. 2d 990, 361 N.Y.S.2d 307, 1974 N.Y. Misc. LEXIS 1808

CourtNew York Surrogate's Court

DecidedNovember 26, 1974

StatusPublished

Cited by3 cases

This text of 79 Misc. 2d 990 (In re the Estate of Marri) 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 the Estate of Marri, 79 Misc. 2d 990, 361 N.Y.S.2d 307, 1974 N.Y. Misc. LEXIS 1808 (N.Y. Super. Ct. 1974).

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Opinion

John D. Bennett, J.

On submission of a decree in this accounting proceeding, the executors seek multiple commissions. SOPA 2307 (subd. 5) allows each fiduciary, up to a total of three, one full commission “ if the gross value of the principal of the estate accounted for amounts to $100,000 or more ”. The computation of commissions as claimed by them is set forth in an amended schedule “ I ” to the account. As is evident from that amended schedule, it is only by the addition of income earned during administration set forth in schedule “ A-2 ” that the estate totals more than $100,000. However, the statute itself allows multiple commissions based on the gross value of the principal alone, and this has been the interpretation placed on the statute (Matter of Freeman, 105 Misc. 423; Dodge & Sullivan, Estate Administration and Accounting, p. 524; 2 Jessup’s Redfield, Law and Practice in Surrogates’ Courts [1930 ed.], § 1164). Even in the absence of objections to commissions, it is the court’s prerogative to compute them according to law. Accordingly, only one full commission will be allowed, to be divided equally between the executors.

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John D. Bennett, J.

On submission of a decree in this accounting proceeding, the executors seek multiple commissions. SOPA 2307 (subd. 5) allows each fiduciary, up to a total of three, one full commission “ if the gross value of the principal of the estate accounted for amounts to $100,000 or more ”. The computation of commissions as claimed by them is set forth in an amended schedule “ I ” to the account. As is evident from that amended schedule, it is only by the addition of income earned during administration set forth in schedule “ A-2 ” that the estate totals more than $100,000. However, the statute itself allows multiple commissions based on the gross value of the principal alone, and this has been the interpretation placed on the statute (Matter of Freeman, 105 Misc. 423; Dodge & Sullivan, Estate Administration and Accounting, p. 524; 2 Jessup’s Redfield, Law and Practice in Surrogates’ Courts [1930 ed.], § 1164). Even in the absence of objections to commissions, it is the court’s prerogative to compute them according to law. Accordingly, only one full commission will be allowed, to be divided equally between the executors.

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Bluebook (online)

79 Misc. 2d 990, 361 N.Y.S.2d 307, 1974 N.Y. Misc. LEXIS 1808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-marri-nysurct-1974.

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