In re the Estate of Laracy

Appeal from that part of an order of the Surrogate’s Court of Tompkins County (Sherman, S.), entered March 18, 2003, which denied the Attorney General’s motion for partial summary judgment on his first objection to petitioner’s account.

In this appeal, the Attorney General urges that, as a matter of law, all fees paid by petitioner, the executor of decedent’s *854estate, to a financial institution for managing the estate’s assets should have been treated as a surcharge against petitioner’s commission. Decedent reportedly placed $500,000 in the management of the Tompkins County Trust Company in…