In re the Estate of Thaw

S. Samuel Di Falco, S.

In this proceeding to settle the executor’s account, to construe the decedent’s will and to fix attorneys’ and accountants’ fees the issues presented are disposed of as follows:(1) The attempt by the testator to fix or limit the fee of the executor’s attorneys pursuant to an agreement entered into with a predeceased member of the firm of attorneys now representing the executor is not binding on the successor firm and is invalid. The limitation is expressly predicated upon the attorney’s survival of the testator, which he failed to do. The vastly changed circumstances and…