In re the Estate of Clyve

Joseph A. Cox, S.

In this accounting proceeding objections have been filed to the allowance of any commissions to the three executors because they were each given a legacy of $10,000 by paragraph “ Twelfth ” of the will which reads: “ Twelfth: To each of the persons hereinafter nominated as the Executors under this my last Will and Testament, to wit, Clark H. Hebner, Nelson M. Way and Kingman W. Putnam, I give and bequeath the sum of Ten Thousand Dollars ($10,000).”

Objectants cite subdivision 5 of section 285 of the Surrogate’s Court Act, which reads in part5. * * * Where the will provides a…