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Matter of Burrows

Court of Appeals of the State of New York
Jul 3, 1957
145 N.E.2d 26 (N.Y. 1957)

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.


Summaries of

Matter of Burrows

Court of Appeals of the State of New York
Jul 3, 1957
145 N.E.2d 26 (N.Y. 1957)
Case details for

Matter of Burrows

Case Details

Full title:In the Matter of the Accounting of CYNTHIA H. BURROWS, as Executrix of…

Court:Court of Appeals of the State of New York

Date published: Jul 3, 1957

Citations

145 N.E.2d 26 (N.Y. 1957)
145 N.E.2d 26
166 N.Y.S.2d 312

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