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3 Johns. Ch. 43

In re Roberts

New York Court of Chancery

Decided October 2, 1817

New York Court of Chancery · decided 1817-10-02

PETITION of Neliemiah Allen, the committee of the lunatic, praying for an allowance for compensation, and accompanied with a master’s report, stating the account of the committee, and that he had received 1,906 dollars, and paid out 1,158 dollars, in small sums, and that five per cent, on the whole sum paid out and received, would be a reasonable allowance.

Good law ✅— No negative treatment on recordhow we know

Decided 1817-10-02

How this case has been cited

Cited by 7 later decisions — most recently February 1936

7 state decisions

201817182018301840185018601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Chancellor

¶1thought the case- within the equity of that statute, and adopted the following rate of compensation,, as reasonable, it being higher,than the allowances to the masters and registers in this court, in respect to the re» ceipt and payment of moneys, and yet not so high as to inflame the cupidity of such trustees, viz.

¶2Five per cent, on all sums received and paid out, not exceeding 1,000 dollars—(i. e. 2 1-2 per cent, for such sums received, and 2 1-2 per cent for such sums paid out.)

¶3Two and an half per cent, on any excess, between 1,000-' dollars and 5,000 dollars.

¶4One per cent, for all above 5000 dollars.

¶5This allowance would accordingly produce, on an estate of 10,000 dollars, the sum of 200 dollars, viz.

¶6The 1st $1,000 $50

¶72d, 4,000 100

¶83d, 5,000 50

¶9$10,000' $200

¶10N. B. On the 16th of October, 1817, a general rule was passed establishing the above allowance to guardians, executors, and administrators.

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