In re the Estate of Engel

OPINION OF THE COURT

William J. Regan, S.

The petitioner executor, by order to show cause, has submitted an application to the court for determination with respect to the entitlement of the petitioner for statutory commissions as executor of the Cecilia Rose Engel estate upon judicial settlement of the estate.

It appears that the last will and testament of the decedent provided in paragraph fourteenth as follows: “fourteenth : I nominate, constitute and appoint James Birke, of 911 Twelfth Street, North Tonawanda, New York 14120, Executor of this my Last Will and Testament. I direct that no…