In the Matter of the Accounting of Frederick W. Barker, as Executors of and Trustees Under the Will of James…

Summary

The New York Court of Appeals answered four certified questions concerning the administration of the Belden estate. It held that deceased executors were not entitled as a matter of right to statutory commissions, that legatees were entitled to six percent interest on their legacies, and that the heirs of Edward M. Belden took their share per stirpes under the Statute of Descent rather than per capita under the Statute of Distribution. The court affirmed the Appellate Division’s order except for the portion dealing with Edward M. Belden’s heirs, which it reversed and remanded to the surrogate.