Featured Chrome Extensions:

Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

attorneystatutelegislative intent
attorneystatutetrustwill

Related Cases

Russell v. Chase Investment Services Corp., 212 P.3d 1178, 2009 OK 22
View Case »
In re Estate of Rehwinkel, 71 Wash.App. 827, 862 P.2d 639
View Case »
Preston v. Cole, 64 N.H. 459, 13 A. 788
View Case »
Jones v. Atchison, 502 U.S. 860, 112 S.Ct. 178 (Mem), 116 L.Ed.2d 140, 60 USLW 3057, 60 USLW 3262, 60 USLW 3227
View Case »
Chambers v. McDaniel, 549 F.3d 1191, 08 Cal. Daily Op. Serv. 14,856, 2008 Daily Journal D.A.R. 18,016
View Case »
Justia Law Link
LexisNexis Link
Westlaw Link
CourtListener Link
Oyez Link

In re Kleinberg, 63 N.J.Super. 50, 163 A.2d 736

Facts

The assignee applied for commissions totaling $3,000 and counsel fees, while the attorney for the assignor requested $6,000. The total requests exceeded the statutory limit of 20 percent of the gross estate. The court needed to determine whether the 20 percent cap included legal services and other administrative expenses, as well as the appropriateness of the requested fees.

The requests in the above first mentioned matter total $3,000, being approximately 48 per cent of the gross estate, and in the last mentioned matter total $6,000, being approximately 40 per cent of the gross estate.

Issue

Whether the maximum percentage of 20 percent referred to in N.J.S. 2A:19—43 includes all commissions and allowances, including legal services rendered to the assignee and other administration expenses.

The question for the court to determine is whether the maximum percentage of 20 per cent referred to in N.J.S. 2A:19—43, N.J.S.A., in the intention of the Legislature, has reference to all commissions and allowances allowed, including legal services rendered the assignee and other administration expenses, or whether such services and expenses are excluded therefrom.

Rule

The court applied the rule that commissions and allowances for assignees for the benefit of creditors are limited to a maximum of 20 percent of all sums received, as per N.J.S. 2A:19—43.

The section of the statute mentioned refers to ‘such commissions and allowances.’ The word ‘commissions' apparently refers to the compensation allowed the assignee for his services of an administrative nature and similar to that of an executor, administrator or trustee.

Analysis

The court analyzed the statutory language and legislative intent behind N.J.S. 2A:19—43, concluding that the 20 percent limitation is all-inclusive and applies to all commissions and allowances, including legal fees. The court emphasized that the primary purpose of the assignment is to benefit the creditors, and thus, the fees requested by the assignee and the attorney for the assignor were excessive and not justified under the statute.

The court concludes that all commissions and allowances made in the administration of such estates are limited to such a sum as will not exceed 20 per cent of the sums received and which are to be allowed on a fair and reasonable allowance basis depending on the pains, trouble and risk involved.

Conclusion

The court concluded that all commissions and allowances made in the administration of such estates are limited to a sum not exceeding 20 percent of the sums received. The application for counsel fees by the attorney for the assignor was denied.

The court has been unable to find any authority for the granting of an allowance to the attorney for the assignor.

Who won?

The court ruled in favor of the assignee, allowing limited commissions and fees, while denying the attorney for the assignor's request for fees due to lack of statutory authority.

The court is satisfied that there is a fund in court.

You must be