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This entry was published on 2014-09-22
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SECTION 8005
Commissions of trustees; advance payment of fees of an attorney-trustee
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 80
§ 8005. Commissions of trustees; advance payment of fees of an
attorney-trustee. A trustee of an express trust shall be entitled to
commissions and the allowance of his expenses and compensation and, if
he be an attorney admitted to practice in this state, to the allowance
of a sum on account of his compensation for legal services theretofore
rendered to the trust, in the same manner and amount as that provided by
sections twenty-one hundred eleven, twenty-three hundred eight and
twenty-three hundred eleven of the surrogate's court procedure act for
testamentary trustees, if the trust was established on or before August
thirty-first, nineteen hundred fifty-six, or as that provided by
sections twenty-one hundred eleven, twenty-three hundred nine and
twenty-three hundred eleven of the surrogate's court procedure act for
testamentary trustees, if the trust was established after August
thirty-first, nineteen hundred fifty-six or as that provided for by
sections twenty-one hundred eleven and twenty-three hundred eleven for
testamentary trustees and twenty-three hundred twelve of the surrogate's
court procedure act except that the statements required thereunder to be
furnished annually in order to retain certain annual commissions need be
furnished during the settlor's lifetime only to beneficiaries currently
receiving income. The court shall make such determinations and
allowances as the named sections require or authorize the surrogate to
make, and the term "will" used in those sections shall be construed to
mean the instrument creating the trust and the phrase "the court from
which his letters were issued" shall be construed to mean the court
having jurisdiction of the trust.