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Matter of Marri

Surrogate's Court, Nassau County
Nov 26, 1974
79 Misc. 2d 990 (N.Y. Surr. Ct. 1974)

Opinion

November 26, 1974

Fred Gelosky for petitioners.

George Edelman for surviving spouse.

Flower Plotka for Theresa Whalen.

Bruce S. Bandes for Anna DiDomenico and another.

Frederick E. Parola, guardian ad litem.


On submission of a decree in this accounting proceeding, the executors seek multiple commissions. SCPA 2307 (subd. 5) allows each fiduciary, up to a total of three, one full commission "if the gross value of the principal of the estate accounted for amounts to $100,000 or more". The computation of commissions as claimed by them is set forth in an amended schedule "I" to the account. As is evident from that amended schedule, it is only by the addition of income earned during administration set forth in schedule "A-2" that the estate totals more than $100,000. However, the statute itself allows multiple commissions based on the gross value of the principal alone, and this has been the interpretation placed on the statute ( Matter of Freeman, 105 Misc. 423; Dodge Sullivan, Estate Administration and Accounting, p. 524; 2 Jessup's Redfield, Law and Practice in Surrogates' Courts [1930 ed.], § 1164). Even in the absence of objections to commissions, it is the court's prerogative to compute them according to law. Accordingly, only one full commission will be allowed, to be divided equally between the executors.


Summaries of

Matter of Marri

Surrogate's Court, Nassau County
Nov 26, 1974
79 Misc. 2d 990 (N.Y. Surr. Ct. 1974)
Case details for

Matter of Marri

Case Details

Full title:In the Matter of the Estate of ALFONSO E. MARRI, Deceased

Court:Surrogate's Court, Nassau County

Date published: Nov 26, 1974

Citations

79 Misc. 2d 990 (N.Y. Surr. Ct. 1974)
361 N.Y.S.2d 307

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