In re the Estate of Newman

OPINION OF THE COURT

Lee L. Holzman, J.

The issue presented in this probate proceeding is whether the court, in the exercise of its discretion under SCPA 2307-a (9) (b) (ii), should waive the “testator’s written acknowledg*73ment of disclosure” with regard to commissions and counsel fees as provided in SCPA 2307-a (1) and (2) where the attorney draftsperson is nominated as the executor. Here, the attorney executor drafted the propounded will dated January 4, 1985. Decedent died on November 2, 1997. Absent granting the waiver, the attorney executor is limited to one half the statutory commissions…