IN RE ESTATE OF HIGGINS


61 N.J. Super. 291 (1960)

160 A.2d 525

IN THE MATTER OF THE ESTATE OF JOHN R. HIGGINS, DECEASED.

Superior Court of New Jersey, Union County Court, Probate Division.

Decided April 28, 1960.


Attorney(s) appearing for the Case

Mr. Richard G. O'Brien for the trustee (Messrs. Pizzi and O'Brien, attorneys).

Mr. Phidias L. Pollis for the Estate of Frederick Higgins, deceased (Messrs. Pollis, Williams and Pappas, attorneys).


FULOP, J.C.C.

THE ISSUE.

This is an application for allowances to a testamentary trustee and to his attorney on intermediate accounting. The legal question squarely raised is whether the trustee's allowance of commissions on corpus must be based on inventory value without regard to unrealized enhancement in market value. On behalf of the trustee it is contended that market value at the time when the...

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