In re the Second Intermediate Accounting of United States Trust Co.

Appellate Division of the Supreme Court of New York

In re the Second Intermediate Accounting of United States Trust Co.

281 A.D. 994, 121 N.Y.S.2d 11, 1953 N.Y. App. Div. LEXIS 4036

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

DecidedApril 27, 1953

StatusPublished

This text of 281 A.D. 994 (In re the Second Intermediate Accounting of United States Trust Co.) 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 Second Intermediate Accounting of United States Trust Co., 281 A.D. 994, 121 N.Y.S.2d 11, 1953 N.Y. App. Div. LEXIS 4036 (N.Y. Ct. App. 1953).

Pincite

Opinion

Three proceedings consolidated and tried in the Surrogate’s Court, Nassau County: (1) to settle the executor’s account; (2) to determine compensation for legal services under section 231-a of the Surrogate’s Court Act and to direct a return of payments previously made; and (3) to remove the executor and trustee from office. In all three proceedings the basic issue was whether or not the executor and its attorneys had improperly represented conflicting interests, in that they failed to prosecute adequately a claim for trustee’s commissions, due and unpaid to the testator out of inter vivos trusts of which the executor was the surviving trustee. Decree, insofar as appeals are taken, unanimously affirmed, with costs to all parties filing briefs, payable out of the estate. We find that the claim for additional commissions on principal amounts of the trusts is without merit. Present — Carswell, Acting P. J., Adel, MacCrate, Schmidt and Beldoek, JJ. [See 282 App. Div. 697.]

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

Three proceedings consolidated and tried in the Surrogate’s Court, Nassau County: (1) to settle the executor’s account; (2) to determine compensation for legal services under section 231-a of the Surrogate’s Court Act and to direct a return of payments previously made; and (3) to remove the executor and trustee from office. In all three proceedings the basic issue was whether or not the executor and its attorneys had improperly represented conflicting interests, in that they failed to prosecute adequately a claim for trustee’s commissions, due and unpaid to the testator out of inter vivos trusts of which the executor was the surviving trustee. Decree, insofar as appeals are taken, unanimously affirmed, with costs to all parties filing briefs, payable out of the estate. We find that the claim for additional commissions on principal amounts of the trusts is without merit. Present — Carswell, Acting P. J., Adel, MacCrate, Schmidt and Beldoek, JJ. [See 282 App. Div. 697.]

Cite This Page — Counsel Stack

Bluebook (online)

281 A.D. 994, 121 N.Y.S.2d 11, 1953 N.Y. App. Div. LEXIS 4036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-second-intermediate-accounting-of-united-states-trust-co-nyappdiv-1953.