N.Y. CPLR § 8005

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8005 Commissions of trustees; advance payment of fees of anattorney-trustee § 8005. Commissions of trustees; advance payment of fees of anattorney-trustee. A trustee of an express trust shall be entitled tocommissions and the allowance of his expenses and compensation and, ifhe be an attorney admitted to practice in this state, to the allowanceof a sum on account of his compensation for legal services theretoforerendered to the trust, in the same manner and amount as that provided bysections twenty-one hundred eleven, twenty-three hundred eight andtwenty-three hundred eleven of the surrogate's court procedure act fortestamentary trustees, if the trust was established on or before Augustthirty-first, nineteen hundred fifty-six, or as that provided bysections twenty-one hundred eleven, twenty-three hundred nine andtwenty-three hundred eleven of the surrogate's court procedure act fortestamentary trustees, if the trust was established after Augustthirty-first, nineteen hundred fifty-six or as that provided for bysections twenty-one hundred eleven and twenty-three hundred eleven fortestamentary trustees and twenty-three hundred twelve of the surrogate'scourt procedure act except that the statements required thereunder to befurnished annually in order to retain certain annual commissions need befurnished during the settlor's lifetime only to beneficiaries currentlyreceiving income. The court shall make such determinations andallowances as the named sections require or authorize the surrogate tomake, and the term "will" used in those sections shall be construed tomean the instrument creating the trust and the phrase "the court fromwhich his letters were issued" shall be construed to mean the courthaving jurisdiction of the trust.