Legal Opinion

In re the Estate of Harris

New York Surrogate's Court

Decided March 8, 1984PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

C. Raymond Radigan, J.

The within motion for an order striking objections 1 (d) and (e) made to the account filed by the coexecutors (CPLR 3212, subd [e]; 3024, subd [b]) is denied.

Decedent, by codicil dated August 30, 1975, nominated his attorney and that attorney’s accounting partner as coexecutors of his estate. It was apparent from the outset of the probate proceedings that this estate was of sufficient financial magnitude as to fall within those provisions entitling each fiduciary to seek a full commission (SCPA 2307, subd 5).

Decedent died November 9,1976, and…

2Cases cited3 opinions

  1. Indig v. FinkelsteinNew York Court of Appeals · 1968
  2. In re the Estate of WeinstockNew York Court of Appeals · 1976
  3. In re the Estate of ReohrAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by12 opinions

  1. In re the Estate of StalbeNew York Surrogate's Court · 1985
  2. In re the Estate of ThronNew York Surrogate's Court · 1988
  3. In re the State of LaflinAppellate Division of the Supreme Court of the State of New York · 1985
  4. In re the Estate of PeckolickNew York Surrogate's Court · 1996
  5. In re Estate of KlenkAppellate Division of the Supreme Court of the State of New York · 1994

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