Opinion
Argued April 16, 1923
Decided April 24, 1923
Herbert C. Brinckerhoff and John Patterson for appellants.
Frank M. Buck for trustees, respondents.
Isaac N. Mills and Leroy N. Mills for Trinity Episcopal Church of Mount Vernon et al., respondents.
Odell D. Tompkins for Milo J. White as executor, respondent.
We are satisfied with the result reached in the courts below, except in one particular. The principal of the Allen estate was less than $100,000. Only in case "the gross value of the principal of the estate or fund accounted for amounts" to that sum or to more, may the commissions allowed to trustees exceed those to which a sole trustee is entitled. (Code Civ. Pro. sec. 2753; Surr. Ct. Act, sec. 284.) The decree and order appealed from should, therefore, be modified by reducing the commissions therein allowed to the trustees to an amount equal to the commissions allowable to a sole trustee, and the proceedings should be remitted to the Surrogate's Court to determine and apportion such commissions. Otherwise the order and decree should be affirmed, with costs to all parties appearing or filing briefs on this appeal, payable out of the estate.
HISCOCK, Ch. J., HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ.
Ordered accordingly.