In re the Estate of Dubin

OPINION OF THE COURT

Lee L. Holzman, J.

In this ex parte application by the executor for an advance payment of commissions in the sum of $100,000, petitioner contends that he is not required to post a bond to secure the return of the advance payment if and to the extent it is ultimately disallowed because SCPA 2311 (5) provides that the fiduciary does not have to file a refunding bond "where the will specifically dispenses with such a bond”. The will provides as *972follows: "I * * * direct that no bond or other security of any kind be required of him in any jurisdiction whatsoever for the faithful…