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MATTER OF BOSCH

201 Misc. 890 (1952)

In the Matter of the Accounting of Gertrude M. Steinecke et al., as Executors of George B. Bosch, Deceased.

Surrogate's Court, Kings County.

March 11, 1952.

Attorney(s) appearing for the Case

George W. Winans for executors, petitioners.

William D. Loucks, Jr., for Harry A. Bade, objectant.

Daniel E. O'Keefe for National Surety Corporation, respondent.

Florence D. Philipbar for Evangelical Home Society of Brooklyn, N. Y., respondent.

Thatcher, Proffitt, Prizer, Crawley & Wood for American Humane Association, respondent.

Rathbone, Perry, Kelley & Drye for Brooklyn Bureau of Social Service and Children's Aid Society, respondent.

Steinkamp & Steinkamp for Wartburg Orphan Farm School of the Evangelical Lutheran Church, respondent.

Walter Bruchhausen for Brooklyn Association for Improving the Condition of the Poor, respondent.

Nekton & Preuss for Ottilie Orphan Home of New York, respondent.

Havens, Wandless, Stitt & Montgomery for National Hospital for Speech Disorders, respondent.

John J. Borchardt for Lutheran Hospital Association of the City of New York and Vicinity, respondent.

Hurley, Gray & Kearney for St. Charles Hospital, respondent.

Gould & Wilkie for National Society for the Prevention of Blindness, Inc., respondent.

RUBENSTEIN, S.

This is a contested accounting proceeding in which the court is requested to determine several objections which were not withdrawn or abandoned at the trial.

The first objection concerns the acts of the executors who paid themselves commissions without a direction of the court. It is a deep-rooted legal principle that executors' rights to commissions are inchoate and commissions may not...

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