Opinion
Submitted April 8, 1957
Decided July 3, 1957
Appeal from the Appellate Division of the Supreme Court in the second judicial department, CHARLES H. GRIFFITHS, S.
Joseph Diehl Fackenthal for Cynthia H. Burrows, individually, appellant-respondent.
Frederic E. Emmerich for Cynthia H. Burrows, as executrix, appellant-respondent.
Stewart W. Rowe for respondent-appellant.
The order of the Appellate Division should be modified by disallowing management commissions to County Trust Company, coexecutor, under subdivision 6 of section 285 (formerly § 285, subd. 9) of the Surrogate's Court Act, upon rents collected under a long-term net lease made by testator during his lifetime with R.H. Macy Co., Inc., which the record does not indicate required such services as are contemplated by the management of real property within the meaning of this section ( Matter of Smathers, 309 N.Y. 487).
As so modified, the order should be affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate.
CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.
Ordered accordingly.