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MATTER OF SAPHIR

73 Misc.2d 907 (1973)

In the Matter of The Estate of Morris J. Saphir, Deceased.

Surrogate's Court, Kings County.

April 23, 1973

Attorney(s) appearing for the Case

Alexander M. Inselman for Saul Taub, executor-trustee. Rosenman, Colin, Kaye, Petschek, Freund & Emil for Joel M. Saphir, principal remainderman. Fassler & Oestreicher for Luba K. Saphir, income beneficiary of trust.

NATHAN R. SOBEL, S.

The account filed with the court is labeled "Executor and Trustee" account. The objections raise three issues.

1. Is the executor entitled to commissions (SCPA 2307) on the unsold real property which comprised the major asset of the estate?

2. Is the trustee entitled to commissions (SCPA 2309), either annual or paying out, on the unsold real property?

3. Are "double" commissions (executor's and trustee's) payable...

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