In re the Estate of Skaler

New York Surrogate's Court

In re the Estate of Skaler

151 Misc. 56, 271 N.Y.S. 741, 1934 N.Y. Misc. LEXIS 1314

DecidedJanuary 8, 1934

StatusPublished

This text of 151 Misc. 56 (In re the Estate of Skaler) 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 Skaler, 151 Misc. 56, 271 N.Y.S. 741, 1934 N.Y. Misc. LEXIS 1314 (N.Y. Super. Ct. 1934).

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Opinion

Delehanty, S.

Damages recovered in an action or by reason of the compromise or settlement of an action for wrongfully causing the death of a decedent are to be distributed in accordance with the provisions of article 5 of the Decedent Estate Law. Section 133 of article 5 prescribes that the reasonable expenses of the action or settlement and the reasonable funeral expenses of the decedent are first deducted and that commissions are computed upon the residue only. Commissions in such cases are not governed by the provisions of the Surrogate’s Court Act which apply only to general assets of an estate. The objection to the amount of commissions scheduled by the administrator is sustained. Such commissions are to be recomputed in conformity herewith. Submit decree on notice accordingly.

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Delehanty, S.

Damages recovered in an action or by reason of the compromise or settlement of an action for wrongfully causing the death of a decedent are to be distributed in accordance with the provisions of article 5 of the Decedent Estate Law. Section 133 of article 5 prescribes that the reasonable expenses of the action or settlement and the reasonable funeral expenses of the decedent are first deducted and that commissions are computed upon the residue only. Commissions in such cases are not governed by the provisions of the Surrogate’s Court Act which apply only to general assets of an estate. The objection to the amount of commissions scheduled by the administrator is sustained. Such commissions are to be recomputed in conformity herewith. Submit decree on notice accordingly.

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Bluebook (online)

151 Misc. 56, 271 N.Y.S. 741, 1934 N.Y. Misc. LEXIS 1314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-skaler-nysurct-1934.