MATTER OF SHAMEL


52 Misc.2d 128 (1966)

In the Matter of The Estate of Howard I. Shamel, Deceased.

Surrogate's Court, Erie County.

December 6, 1966


Attorney(s) appearing for the Case

Phillips, Lytle, Yorkey, Letchworth, Hitchcock & Blaine (Heino H. Prahl of counsel), for petitioners. John J. Barone, special guardian.


WILLIAM J. REGAN, S.

On an application to settle the accounts of the above executors a question has arisen as to the allocation of executors' commissions attributable to income received during the period of administration.

The decedent's will, by Article Sixth, created a residuary trust wherein the net income was to be payable to his widow during her lifetime and upon her death to her appointees. Unquestionably, both by case law and by former...

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