In re the Estate of Saxton

163 Misc. 2d 439, 621 N.Y.S.2d 459, 1994 N.Y. Misc. LEXIS 578
CourtNew York Surrogate's Court
DecidedNovember 16, 1994
StatusPublished

This text of 163 Misc. 2d 439 (In re the Estate of Saxton) 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 Saxton, 163 Misc. 2d 439, 621 N.Y.S.2d 459, 1994 N.Y. Misc. LEXIS 578 (N.Y. Super. Ct. 1994).

Opinion

OPINION OF THE COURT

John M. Thomas, S.

In this trust accounting, the estate of the life income beneficiary and one of the remaindermen present to the court through a stipulation of facts and briefs on the relevant law their dispute regarding charges against, and distribution of, principal and income.

The facts leading to various objections of the parties to the final account can be briefly summarized as follows. John P. Saxton died a resident of this county on the 6th day of November 1958. By the terms of Mr. Saxton’s will, admitted to probate by this court on the 18th day of November 1958, after certain general bequests a residuary trust was established with a lifetime payment of income and necessary principal for the benefit of the decedent’s surviving spouse, Anna E. Saxton, and upon her death the remainder interest was payable outright to the decedent’s two daughters, Mary Rita Crittenden and Patricia McDonald.

The decedent’s surviving spouse Anna E. Saxton died on March 12, 1993, thus terminating her life estate. The Manufacturers & Traders Trust Co., successor in corporate interest to the original named corporate trustee, The Endicott Trust Company, filed its final account as trustee on November 4, 1993, showing on hand as of March 12, 1993, among other assets 53,692 shares of IBM stock with a market value of $2,986,617.50.

[441]*441The particular terms of the decedent’s last will and testament which are germane to the dispute are in paragraph fourth which leaves a residuary trust to The Endicott Trust Company "To invest and reinvest the same and to collect the income thereof and after paying from such income all taxes, charges and expenses of this Trust, to pay over the net income remaining to my wife, anna e. saxton, during her lifetime; said payments of income to be made in quarter annual-installments or in the discretion of my said trustee at more frequent intervals.” Upon the death of the decedent’s wife, the trustee is directed to "pay over the balance of the principal of said trust together with any accrued and unpaid income after deducting all charges and expenses of the trust.”

Both the executor of the estate of the life beneficiary Anna E. Saxton and the decedent’s daughters holding the remainder interest have filed objections to the trust accounting, and certain of those objections relative to the division of income and principal are now before the court by submission.

The trustee’s account shows that from the inception of the trust the bank paid its annual commissions, one-half from principal and one-half from income, until December of 1985 at which time the bank commenced charging all annual commissions to income. The total commissions paid subsequent to 1985 to the termination of the trust is $171,085.99 of which the estate of Anna E. Saxton now claims one-half, or $85,542.99 as being those commissions wrongly allocated to income. The Anna E. Saxton estate argues that since the applicable statute in effect at the time that John P. Saxton’s will was executed (SCPA 2309 [3]) provided that annual commissions were to be paid one-half from income and one-half from principal unless the will "otherwise explicitly provides”, and the language of the will, supra (all taxes, charges and expenses of this trust) makes no mention of commissions, the division between income and principal which the bank practiced from 1959 to 1985 should have continued. The remainder interest represented by Mary Rita Crittenden on the other hand maintains that the language contained within the will is sufficient to take the statute out of control and that indeed all of the commissions taken by the bank from 1959 to the termination of the trust should have been charged to income, and therefore seeks the total commissions charged to principal of $106,020.96 to be restored to the principal account and remitted to the remaindermen. Additionally there is $5,041.47 of other trust expenses, principally fiduciary income tax re[442]*442turns which the remainderman contends should be also charged to income based upon the language of the will, thus the total sought by Mary Rita Crittenden is $111,062.43. Turning first to the statutory language, the provisions of SCPA 2309 (3) are now contained in SCPA 2312 (5), and the word "expressly” has been substituted for the previous word of "explicitly”. Most recently the fractional division between principal and income has been changed from one-half and one-half to one-third payable from income and two-thirds payable from principal (L 1993, ch 640). Research by respective counsel and this court discloses no reported cases construing this section relative to the proper construction of the provisions "unless the will * * * expressly provides otherwise.” We are thus relegated to the lexicographers and periphery case law for guideposts to the proper answer. The remainderman in her contention that all commissions and trust expenses should be charged to income emphasize the provisions of the will which direct that the trustee is to collect the income and, "after paying from such income all taxes, charges and expenses of this Trust, to pay over the net income.” (Emphasis added.) She argues that this language is sufficient, express direction under the statute that all expenses of the trust, whether they be taxes, charges or in this case commissions, should have been paid from income. The estate of the life beneficiary on the other hand emphasizes the language of the statute and maintains that since the terms of the will do not specifically state that commissions are to be deducted from income, that the will fails to "expressly or explicitly” take the trust out of the proviso of the statute for an even division of commissions between principal and income. Both litigants bootstrap their contentions by arguing the logic of their conclusions and attempt to impute intent on the part of the testator. The executor for Anna Saxton maintains that it must be presumed that the decedent intended to benefit his surviving wife to the greatest degree possible, and citing Matter of Berger (57 AD2d 591) and similar cases contends that such presumed intent is not to be diminished except when expressed in clear, definite, and imperative terms. Additionally the life tenant’s executor points out that in the beginning stages of the trust, the corpus generated a relatively small amount of income and that if the total commissions were payable from income, there would be insufficient available for Mrs. Saxton’s support. This fails however to recognize that the income of the trust always exceeded all commissions and expenses and further to take [443]*443into consideration the over $100,000 in jointly held property and insurance that passed to the surviving spouse by operation of law at the death of the testator. Mary Rita Crittenden representing the remainder interest argues that the statute in question does not require the use of the term "commissions” and merely requires the directive to be explicit and that by the use of the term "all charges and expenses” it is sufficient compliance. In support of this argument she cites sections 94 and 96 of McKinney’s Consolidated Laws of NY, Book 1, Statutes, which provide in sum that statutes are construed according to their natural and most obvious sense and should be given a rational interpretation consistent with achieving the statutes’ purpose. Further, she asserts that to reach the result advocated by the estate of Anna E.

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Bluebook (online)
163 Misc. 2d 439, 621 N.Y.S.2d 459, 1994 N.Y. Misc. LEXIS 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-saxton-nysurct-1994.