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MATTER OF McGRATH

74 Misc.2d 92 (1973)

In the Matter of The Estate of John W. McGrath, Deceased.

Surrogate's Court, Kings County.

June 5, 1973

Attorney(s) appearing for the Case

Quint, Marx & Chill for successor trustees, petitioners. Seth Rubenstein, P. C., for John W. McGrath, III. Shea, Gould, Climenko & Kramer for Hugh McGrath, respondent. Davis, Polk & Wardwell for Morgan Guaranty Trust Co. of New York and another, as executors. Post, Hopkins & De Mott for Maureen M. Fortier.

NATHAN R. SOBEL, S.

These two intermediate accounts of the trustees present issues as to the "compensation" of a deceased trustee and payment of commissions to a successor trustee. A prior decision of this court (April 20, 1973) settled these intermediate accounts in other respects including the trustees' annual income commissions (SCPA 2308, subd. 2) and annual additional principal commissions (SCPA 2308, subd...

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