New York Court of Appeals

Lavinia Beard, Appellants v. Mary A. Beard, Respondents

November 28, 1893140 N.Y. 260

Summary

The New York Court of Appeals held that trustees of the Beard estate were entitled to commissions only on the net profits of the Erie Basin business, not on the gross receipts. It further held that commissions could not be taken until authorized by the court on the settlement of accounts and that interest could not be assessed on commissions taken prematurely. The judgment was affirmed in part, with the interest charge struck.