In re the Judicial Settlement of the Account of Kahan

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Kahan

244 A.D. 282, 279 N.Y.S. 365, 1935 N.Y. App. Div. LEXIS 5808

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1935·Published·Cited by 1 cases

Opinion

Per Curiam.

The executor was not entitled to collect the rents of real property devised to the appellant, the residuary legatee, except to the extent necessary to pay the debts of the estate. Accordingly, the executor was entitled to commissions only upon rentals collected for the month of April, 1932, in addition to the commissions properly allowed upon the personal property belonging to the estate. The decree appealed from should be modified accordingly, and as so modified affirmed, without costs.

Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.

Decree modified as indicated in opinion and as so modified affirmed, without costs. Settle order on notice.

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Per Curiam.

The executor was not entitled to collect the rents of real property devised to the appellant, the residuary legatee, except to the extent necessary to pay the debts of the estate. Accordingly, the executor was entitled to commissions only upon rentals collected for the month of April, 1932, in addition to the commissions properly allowed upon the personal property belonging to the estate. The decree appealed from should be modified accordingly, and as so modified affirmed, without costs.

Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.

Decree modified as indicated in opinion and as so modified affirmed, without costs. Settle order on notice.

In re the Judicial Settlement of the Account of Kahan, 244 A.D. 282, 279 N.Y.S. 365, 1935 N.Y. App. Div. LEXIS 5808 (N.Y. Ct. App. 1935).

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