Matter of Free

4 Citing cases

  1. Matter of McCranor

    176 A.D.2d 1026 (N.Y. App. Div. 1991)   Cited 176 times
    Holding that the trial court "erred in disregarding the small size of the estate, resulting in an award for legal fees in excess of 25% of the estate assets"

    A further factor militates in favor of a reduction of the award for legal services. An examination of the time sheets attached to the affidavit of services reveals that many of the tasks for which remuneration was claimed were executorial or ministerial in nature, for which counsel fees over and above the commissions paid to the administrator of the estate may not be awarded (see, Matter of Hallock, supra, at 324; Matter of Lester, supra, at 519; see also, Matter of Gates, 120 A.D.2d 890, 892). Executorial duties generally are what "any layman could perform or was capable of performing" (Matter of Free, 4 Misc.2d 463, 465; see, Matter of Hallock, supra). At the very least, such services cannot be compensated at the same rate as legal services (see, Matter of Thron, 139 Misc.2d 1045, 1051).

  2. Matter of Pratt

    38 Misc. 2d 990 (N.Y. Sup. Ct. 1962)   Cited 1 times

    The Appellate Division in this Department discussed such a problem in Matter of Battell ( 261 App. Div. 120, 130, affd. 286 N.Y. 97) where the court concluded that: "a deceased fiduciary is entitled to reasonable compensation measured by the value of the services which he rendered, not exceeding in any event the commissions set by statute; and that the fixation of such reasonable compensation rests in the sound discretion of the court." (See, also, Matter of Free, 4 Misc.2d 463; Matter of Vigeant, 29 Misc.2d 569.) The decedent was appointed February 25, 1936.

  3. Matter of MacNeal

    37 Misc. 2d 445 (N.Y. Surr. Ct. 1962)

    An executor who dies before completion of his duties does not become entitled as a matter of right to commissions, but the court may, in its discretion, make an allowance to his representative, not exceeding the statutory rate of commissions. ( Matter of Free, 4 Misc.2d 463; Matter of Bushe, 227 N.Y. 85; Matter of Barker, 230 N.Y. 364.) The estate of the deceased executor having been allowed compensation for the services of the deceased executor in the 1944 decree on accounting, the reservation of the right to adjudicate as to allowance of a full commission to the deceased executor is without legal effect.

  4. Matter of Bankers Trust Company

    9 Misc. 2d 1026 (N.Y. Misc. 1958)

    The court holds that the latter is the true meaning of the indenture and that accordingly the trustee is not confined to legal investments, but may invest in any securities subject to the limitations above stated. The term "securities" includes preferred and common stocks. ( Matter of Free, 4 Misc.2d 463, 466; Matter of Jeffress, 198 Misc. 249.) The expression "in such securities as it may deem best" is substantially the same as "such securities as they may deem prudent and advisable" and "such securities as to them seems advisable", the language used in the cases above cited.