In re the Accounting of Penzato

Sterley, S.

This is an application made to this court requesting the court to exercise its discretion to refuse to grant commissions to the executrix in the above estate. Section 285 of the Surrogate’s Court Act would seem to grant no discretion to the Surrogate as far as the payment of commissions is concerned. *752It says that the ‘1 surrogate must allow” the legal representative the commissions at the rate set forth in the statute. The courts have held, however, and properly, that under certain conditions at least the Surrogate has a very decided discretion so far as the allowance of…