In re the Judicial Settlement of the Account of Williamsburgh Trust Co.

New York Surrogate's Court

In re the Judicial Settlement of the Account of Williamsburgh Trust Co.

8 Mills Surr. 233, 72 Misc. 592, 131 N.Y.S. 989

New York Surrogate's Court·Decided June 15, 1911·Published

Opinion

Ketcham, S.

There should be no commissions upon the principal fund when the trustee asks, for reasons purely personal to itself, to be relieved from the trust before its completion. In this case, the trustee resigns because of its own desire to liquidate its affairs and to retire from business. Any allowance upon the corpus, which by its act is made subject to the commissions of its successor, would, to that degree, impose a double burden upon the estate.

Decreed accordingly.

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Ketcham, S.

There should be no commissions upon the principal fund when the trustee asks, for reasons purely personal to itself, to be relieved from the trust before its completion. In this case, the trustee resigns because of its own desire to liquidate its affairs and to retire from business. Any allowance upon the corpus, which by its act is made subject to the commissions of its successor, would, to that degree, impose a double burden upon the estate.

Decreed accordingly.

In re the Judicial Settlement of the Account of Williamsburgh Trust Co., 8 Mills Surr. 233, 72 Misc. 592, 131 N.Y.S. 989 (N.Y. Super. Ct. 1911).

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