In re the Estate of Schanzer

S. Samuel Di Falco, S.

The court holds that the retainer agreement entered into by the petitioner with the respondent attorney for the payment of the latter’s legal fees is binding and effective. There is no proof in the record that the agreement was fraudently or otherwise wrongfully procured by the respondent. The evidence indicates that she knew what she was signing, was aware of the nature and extent of the assets of the estate and in fact made five periodic payments to the respondent on account of the amount due him under the retainer without protest.

While ordinarily a fiduciary has no…