N.Y. Civil Practice Law & Rules § 8005: Commissions of trustees; advance payment of fees of an attorney-trustee

§ 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.