MATTER OF HILLMAN


280 A.D. 310 (1952)

In the Matter of the Accounting of Guaranty Trust Company of New York, as Temporary Administrator and Executor of Ben Hillman, Deceased, Appellant. Francis J. Mulligan, Public Administrator of The County of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 17, 1952.


Attorney(s) appearing for the Case

Walter D. Fletcher of counsel (Milton A. Willment, Jr., Andrew Y. Rogers and J. Dormer Cannon, with him on the brief; Hill, Lockwood & Redfield, attorneys), for appellant.

Joseph T. Arenson of counsel (Joseph A. Cox with him on the brief; Joseph A. Cox, attorney), for Public Administrator, respondent.

Lewis Abrahams, special guardian, respondent in person.

GLENNON, J. P., SHIENTAG and HEFFERNAN, JJ., concur; COHN J., dissents and votes to affirm on the opinion of Surrogate FRANKENTHALER ().


CALLAHAN, J.

The appellant Guaranty Trust Company of New York appeals from so much of a final decree of the Surrogate's Court as limits its compensation for services as temporary administrator and executor upon the judicial settlement of its account. The Surrogate's decision rested upon the ground that under the will commissions were to be limited to 1% on the gross estate and 1% on income.

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