MATTER OF TUCKER


75 Misc.2d 318 (1973)

In the Matter of The Estate of Spurgeon Tucker, Deceased.

Surrogate's Court, New York County.

September 6, 1973


Attorney(s) appearing for the Case

Hughes, Hubbard & Reed for executors, petitioners. Max Lerner, guardian ad litem for Caroline Ewert and another.


S. SAMUEL DI FALCO, S.

An objection to the executors' account by the guardian ad litem of infant contingent remaindermen poses the question of the executors' right to commissions on unsold realty which they conveyed in unequal shares to themselves as trustees of two residuary trusts. The realty passed under the residuary clause of the will which directed a division in two equal parts, one of which was set up...

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