New York Court of Appeals

Mary N. Johnson, as Executrix v. John I. Lawrence, as Surviving Trustees

February 26, 188495 N.Y. 154

Summary

The New York Court of Appeals held that a person cannot receive double commissions as both executor and trustee when the will blends the two functions inseparably. Because the testator's will did not separate the duties, the plaintiff was not entitled to trustee commissions. The court reversed the lower court's judgment in favor of the plaintiff.