In re the Estate of Marks

Thomas, S.

The appraiser properly refused to deduct and allow, as an expense of administration, the sum of $10,000 paid to a niece of the testator pursuant to an agreement under which she withdrew objections to the probate of the will. I would rest upon the decision of my associate, Surrogate Fitzgerald, in Estate of Barowsky (N. Y. Law Jour., June 28, 1902) upon this point, if it were not that counsel seems to find some intimation to the contrary in my memorandum in Matter of Thomas (39 Misc. Rep. 223).

In that case an asset claimed by the administrator in behalf of the estate was also claimed…