In re the Estate of Campbell

Yesawich, Jr., J.

Appeal from an order of the Surrogate’s Court of Columbia County (Leaman, S.), entered October 18, 1988, which, upon remittal from this court, adhered to its previous decision assessing a surcharge against petitioner’s commissions as administrator.

This matter is before us after having been remitted to Surrogate’s Court to determine how the issue, respecting payment of respondents’ counsel fees, had been framed in a pretrial stipulation and to allow petitioner to defend himself in the event the stipulation permitted assessment of these fees against petitioner’s commissions…