In re the Estate of Grant

OPINION OF THE COURT

Renee R. Roth, S.

The executors of the estate of Delancey Thorn Grant seek an advance payment of their commissions computed in accordance with the terms of the will rather than pursuant to SCPA 2307. Implicit in the application is whether the clause determining the compensation of the fiduciary is contrary to public policy.

By the express terms of his will, Mr. Grant provided that his executors, the Bank of New York and Donald E. McNicol, shall be allowed commissions upon specifically bequeathed tangible personal property (Article nineteenth) and upon *820assets passing outside…