In re the Estate of Lowenstein

OPINION OF THE COURT

Renee R. Roth, S.

This is a proceeding to determine the validity of a claim by *321an attorney that decedent, Toni Lowenstein, breached a written agreement to name him as executor in her will.

Claimant, Fred Sichel, relies on an agreement which he drafted, dated December 25, 1984, between decedent and her husband, Otto. After summarizing the couple’s joint intentions with respect to the disposition of their assets, the agreement stated that: "We appoint fred j. sichel as executor and trustee herein since we have known him and his family for over 40 years and trust his business…