In re the Estate of Silk

Appellate Division of the Supreme Court of New York

In re the Estate of Silk

34 A.D.2d 548, 309 N.Y.S.2d 891, 1970 N.Y. App. Div. LEXIS 5364

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

DecidedMarch 9, 1970

StatusPublished

This text of 34 A.D.2d 548 (In re the Estate of Silk) 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 Estate of Silk, 34 A.D.2d 548, 309 N.Y.S.2d 891, 1970 N.Y. App. Div. LEXIS 5364 (N.Y. Ct. App. 1970).

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Opinion

In a proceeding to construe the residuary clause of the decedent’s will, the executor appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Kings County, dated December 27, 1968, as directs payment out of the estate of stated respective amounts to respondent Vosseler for services rendered as Referee in the proceeding and to respondents Kaplan and Eisenberg for services rendered therein as special guardians. Decree modified, on the law and the facts and in the exercise of discretion, by reducing the allowance of $4,500 to respondent Vosseler to $3,000, by reducing the allowance of $4,000 to respondent Kaplan to $2,750, and by reducing the allowance of $3,000 to respondent Eisenberg to $2,000. As so modified, decree affirmed insofar as appealed from, without costs. In our opinion, the respective allowances to respondents were excessive and should be reduced as above directed (cf. Matter of Lorillard, 33 A D 2d 572; Matter of Lipsit, 21 A D 2d 509, 515; Matter of Rich, 8 A D 2d 730; Matter of Wade, 270 App. Div. 712, 731, affd. 296 N. Y. 244). Rabin, Acting P. J., Munder, Martuscello, Brennan and Benjamin, JJ., concur.

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In a proceeding to construe the residuary clause of the decedent’s will, the executor appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Kings County, dated December 27, 1968, as directs payment out of the estate of stated respective amounts to respondent Vosseler for services rendered as Referee in the proceeding and to respondents Kaplan and Eisenberg for services rendered therein as special guardians. Decree modified, on the law and the facts and in the exercise of discretion, by reducing the allowance of $4,500 to respondent Vosseler to $3,000, by reducing the allowance of $4,000 to respondent Kaplan to $2,750, and by reducing the allowance of $3,000 to respondent Eisenberg to $2,000. As so modified, decree affirmed insofar as appealed from, without costs. In our opinion, the respective allowances to respondents were excessive and should be reduced as above directed (cf. Matter of Lorillard, 33 A D 2d 572; Matter of Lipsit, 21 A D 2d 509, 515; Matter of Rich, 8 A D 2d 730; Matter of Wade, 270 App. Div. 712, 731, affd. 296 N. Y. 244). Rabin, Acting P. J., Munder, Martuscello, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

34 A.D.2d 548, 309 N.Y.S.2d 891, 1970 N.Y. App. Div. LEXIS 5364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-silk-nyappdiv-1970.

Opinion

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