Opinion · Nylaw New York
MATTER OF ROBINS, 243 App. Div. 548 (1934)
In the Matter of Petition of SYDNEY D. ROBINS & Another, to Render andSettle Their Account as Ex’[r, x]s of CHARLES DROPKIN, Deceased, & of theApplication to Have the Comp. of the Att’ys Fixed.SYDNEY D. ROBINS & Another, as Ex’[r, x]s, etc., of CHARLES DROPKIN,Deceased, Appellants; PAUL G. GRAVENHORST, as Special Guardian for GEORGEDROPKIN & Another, Infants, etc., Respondent., 243 A.D. 548 (Appel
- Type
- Opinion
- Court
- Nylaw New York
- Jurisdiction
- Nylaw
- Date
- 1934-01-01
- Topic
- general
MATTER OF ROBINS, 243 App. Div. 548 (1934) In the Matter of the Petition of SYDNEY D. ROBINS and Another, to Render andSettle Their Account as Executors of CHARLES DROPKIN, Deceased, and of theApplication to Have the Compensation of the Attorneys Fixed.SYDNEY D. ROBINS and Another, as Executors, etc., of CHARLES DROPKIN,Deceased, Appellants; PAUL G. GRAVENHORST, as Special Guardian for GEORGEDROPKIN and Another, Infants, etc., Respondent.Appellate Division of the Supreme Court of New York, Second Department.
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UpLaw has not yet analyzed MATTER OF ROBINS, 243 App. Div. 548 (1934). The absence of a flag is not a finding that it is good law.
MATTER OF ROBINS,243 App. Div. 548(1934)
In the Matter of the Petition of SYDNEY D. ROBINS and Another, to Render and
Settle Their Account as Executors of CHARLES DROPKIN, Deceased, and of the
Application to Have the Compensation of the Attorneys Fixed.
SYDNEY D. ROBINS and Another, as Executors, etc., of CHARLES DROPKIN,
Deceased, Appellants; PAUL G. GRAVENHORST, as Special Guardian for GEORGE
DROPKIN and Another, Infants, etc., Respondent.
Appellate Division of the Supreme Court of New York, Second Department.
The executor and executrix nominated in the will of the testator appeal from the decree of the Surrogate's Court of Kings county settling their account upon the ground that they are entitled to full commissions in each of their capacities as executors and trustees. Decree of the Surrogate's Court of Kings county, in so far as appealed from, unanimously affirmed, with costs to the respondent payable out of the estate. In our judgment the duties imposed upon the trustees were concurrent or coexistent with their duties as executors and, therefore, they are not entitled at this time to one-half commissions for paying out principal.
Present — Lazansky, P.J., Young, Carswell, Scudder and Davis, JJ.