In re the Estate of Waller

Appellate Division of the Supreme Court of New York

In re the Estate of Waller

17 A.D.2d 854, 233 N.Y.S.2d 658, 1962 N.Y. App. Div. LEXIS 7363

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

DecidedOctober 29, 1962

StatusPublished

This text of 17 A.D.2d 854 (In re the Estate of Waller) 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 Waller, 17 A.D.2d 854, 233 N.Y.S.2d 658, 1962 N.Y. App. Div. LEXIS 7363 (N.Y. Ct. App. 1962).

Pincite

Opinion

In a proceeding by petitioner, Morton Miller, an attorney, for a compulsory accounting and other relief, the successor trustees under testator’s will appeal from an order of the Surrogate’s Court, Queens County, dated December 26, 1961, which denied their motion: (a) to vacate a prior decree, dated August 4, 1960, fixing petitioner’s fee for attorney’s services rendered to the trustees and directing the trustees to pay such fee; and (b) to vacate a prior order, dated October 17, 1961, directing the trustees to account. Order of December 26, 1961 affirmed, without costs. Even if it be assumed that a creditor who is entitled to a fee or to expenses of administration may not institute a proceeding to compel a testamentary trustee to account, nevertheless the trustees have failed to appeal either, from said decree of August 4, 1960, or from an order of October 16, 1961 which overruled [855]*855their special appearance, or from the said order of October 17, 1961 which directed them to account. No reason appears why the decree of August 4, 1960 or the order of October 17, 1961 should be vacated, or why their enforcement should be stayed. In any event, the Surrogate, on his own motion had the power to direct the trustees to account (Surrogate’s Ct. Act, § 257-a). Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding by petitioner, Morton Miller, an attorney, for a compulsory accounting and other relief, the successor trustees under testator’s will appeal from an order of the Surrogate’s Court, Queens County, dated December 26, 1961, which denied their motion: (a) to vacate a prior decree, dated August 4, 1960, fixing petitioner’s fee for attorney’s services rendered to the trustees and directing the trustees to pay such fee; and (b) to vacate a prior order, dated October 17, 1961, directing the trustees to account. Order of December 26, 1961 affirmed, without costs. Even if it be assumed that a creditor who is entitled to a fee or to expenses of administration may not institute a proceeding to compel a testamentary trustee to account, nevertheless the trustees have failed to appeal either, from said decree of August 4, 1960, or from an order of October 16, 1961 which overruled [855]*855their special appearance, or from the said order of October 17, 1961 which directed them to account. No reason appears why the decree of August 4, 1960 or the order of October 17, 1961 should be vacated, or why their enforcement should be stayed. In any event, the Surrogate, on his own motion had the power to direct the trustees to account (Surrogate’s Ct. Act, § 257-a). Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

17 A.D.2d 854, 233 N.Y.S.2d 658, 1962 N.Y. App. Div. LEXIS 7363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-waller-nyappdiv-1962.