New York Court of Appeals December 20, 1993 (In Re the Estate of Donner)

OPINION OF THE COURT

Smith, J.

The central issue in this case is whether, given the executors’ role and responsibility with respect to the assets of the estate, Surrogate’s Court abused its discretion in concluding that they breached their fiduciary duty, in imposing a surcharge for investment losses incurred by the estate on the coexecutors and in reducing the commission of the coexecutors.