156 N.Y.S. 268 | N.Y. Sur. Ct. | 1915
Upon the judicial settlement of this account of the two trustees under the last will and testament of the above-named deceased, a question as to the right of each trustee to full commissions is presented by reason of the fact that the principal accounted for amounts to $84,578.78 and the income accounted for amounts to $136,106.34. The accountants claim that they are each entitled to full commissions, but this does not appear to be correct. Prior to September 1, 1914, trustees’ commissions upon accountings in this court were allowed in ■accordance with the provisions of section 3320, Code of Civil Procedure, but the revision of 1914 adopted in part the language of section 3320 and incorporated it into section 2753 and made that section in terms apply to trustees, so that now trustees accounting in this court will have commissions allowed in accordance with section 2753, and not in accordance with section 3326. The last paragraph of section 2753 provides that “ if the gross value of the principal of the estate or fund accounted for amounts to $100,000 or more, each executor, administrator, guardian or testamentary trustee is entitled to the full commission on principal and income allowed therein to- a sole executor, administrator, guardian or testamentary trustee. * * * ”
Decreed accordingly.