2 Mills Surr. 272 | N.Y. Sur. Ct. | 1901
The trust company, on the settlement of the decree, asks for commissions as trastee.. The question as to the right of its predecessor to- commissions both -as executor and trustee was raised on the accounting leading up- to- the decree of September 20, 1897, and was decided by Surrogate Fitzgerald in the negative by a memorandum published in the New York Law Journal on August 6, 1897, in which Johnson v. Lawrence, 95 N. Y. 154, and McAlpine v. Potter, 126 id. 286, were cited as controlling authorities. In the proposed decree then submitted the allowances for double commissions asked for were -stricken out by Surrogate Fitzgerald
Decreed accordingly.