1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 15 N.Y.3d
  5. 15 N.Y.3d 179 (2010)
 

IN THE MATTER OF HYDE

No. 130

15 N.Y.3d 179 (2010)

933 N.E.2d 194

906 N.Y.S.2d 796

In the Matter of a Trust Created by CHARLOTTE P. HYDE, Deceased. GLENS FALLS NATIONAL BANK AND TRUST COMPANY et al., as Trustees of a Trust Created by CHARLOTTE P. HYDE, Deceased, Respondents; CAROL J. WHITNEY, as Executor of LOUIS H. WHITNEY, Deceased, et al., Respondents, and MARY W. RENZ et al., Appellants. (And Another Proceeding.)

Court of Appeals of New York.

Decided June 29, 2010.

Attorney(s) appearing for the Case

Nolan & Heller, LLP, Albany ( David H. Wilder of counsel), for appellants.

Judge & Duffy, Glens Falls ( H. Wayne Judge and Monica A. Duffy of counsel), for Carol J. Whitney and others, respondents.

Putney Twombly Hall & Hirson LLP, New York City ( Christopher M. Houlihan of counsel), for Glens Falls National Bank and Trust Company, respondent.

McNamee, Lochner, Titus & Williams, P.C., Albany ( G. Kimball Williams of counsel), for Banknorth, N.A., respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

We hold that Surrogate's Court Procedure Act (SCPA) § 2110 grants the trial court discretion to allocate responsibility for payment of a fiduciary's attorney's fees for which the estate is obligated to pay — either from the estate as a whole or from shares of individual estate beneficiaries. In so doing, we overrule our holding in Matter of Dillon (28 N.Y.2d 597

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases