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MATTER OF SMATHERS

309 N.Y. 487 (1956)

In the Matter of the Accounting of Guaranty Trust Company of New York, as Substituted Trustee of The Will of Elmer E. Smathers, Deceased, Respondent. Harriet B. Myers, Appellant; J. Harvey Turnure, as Special Guardian, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 12, 1956

Attorney(s) appearing for the Case

Richard H. Levet and William B. Levet for appellant.

Walter D. Fletcher, Edward I. Devlin, Andrew Y. Rogers, Laurence A. Spelman and Gavin Miller for Guaranty Trust Company of New York, respondent.

Burton C. Meighan, Jr., special guardian for Sidney S. Bradfield and others, infants, respondents.

CONWAY, Ch. J., DESMOND, FULD, VAN VOORHIS and BURKE, JJ., concur; DYE, J., taking no part.

FROESSEL, J.

On this appeal, we are asked to decide whether, under subdivision 7 of section 285-a of the Surrogate's Court Act, a testamentary trustee is entitled to retain, in addition to normal commissions under the preceding subdivisions of said section, extra commissions of 6% on gross rents collected under the 99-year net lease made by the testator, where there was no evidence of any specific acts of management...

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