New York Court of Appeals

In the Matter of the Accounting of William F. Clare, as Surviving Trustee, Under the Will of William Brennan…

May 28, 1929251 N.Y. 39

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the surrogate's original decree, holding that the surrogate lacks authority to modify its decree on the basis of a lease and that the trustee is entitled to a five‑percent management commission under §285 of the Surrogate's Court Act.