In re Rice

The petitioner appeals from an order of adjudication of incompetency insofar as such order fixes the allowance to be paid to the Commissioner and insofar as it appoints an individual as cocommittee of the person and property of the incompetent.

The allowance of $2,000 to the Commissioner was grossly excessive. Ordinarily, even where the incompetent’s estate is very substantial, the allowance should not exceed $300. (See Matter of Berman, 21 A D 2d 136.) Here, in view of the unusual size of the incompetent’s estate and the concession in the affidavit of the attorney for the petitioner, we have…