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MATTER OF DONNER

82 N.Y.2d 574 (1993)

626 N.E.2d 922

606 N.Y.S.2d 137

In the Matter of The Estate of Carroll Donner, Deceased. Squire N. Bozorth et al., Appellants; Mills College, Respondent; Robert Abrams, as Attorney-General of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1993.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy, New York City (Charles G. Berry and Edward J. Reilly of counsel), for Squire N. Bozorth, appellant.

Richard I. Wolff, New York City, for Duncan Miller, appellant.

Sullivan & Cromwell, New York City (Theodore O. Rogers, Jr., and Basil P. Zirinis, III, of counsel), for Mills College, respondent.

Robert Abrams, Attorney-General, New York City (David G. Samuels, Jerry Boone and Pamela A. Mann of counsel), respondent pro se.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and LEVINE concur.

SMITH, J.

The central issue in this case is whether, given the executors' role and responsibility with respect to the assets of the estate, Surrogate's Court abused its discretion in concluding that they breached their fiduciary duty, in imposing a surcharge for investment losses incurred by the estate on the coexecutors and in reducing the commission of the coexecutors. We conclude that there was no abuse of...

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