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MATTER OF BURROWS

3 N.Y.2d 869 (1957)

In the Matter of the Accounting of Cynthia H. Burrows, as Executrix of Willard S. Burrows, Deceased. Cynthia H. Burrows, Individually and as Executrix of Willard S. Burrows, Deceased, Appellant-Respondent; County Trust Company, as Executor of Willard S. Burrows, Deceased, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Joseph Diehl Fackenthal for Cynthia H. Burrows, individually, appellant-respondent.

Frederic E. Emmerich for Cynthia H. Burrows, as executrix, appellant-respondent.

Stewart W. Rowe for respondent-appellant.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

Per Curiam.

The order of the Appellate Division should be modified by disallowing management commissions to County Trust Company, coexecutor, under subdivision 6 of section 285 (formerly § 285, subd. 9) of the Surrogate's Court Act, upon rents collected under a long-term net lease made by testator during his lifetime with R. H. Macy & Co., Inc., which the record does...

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