In re the Estate of Schmidt

OPINION OF THE COURT

Lee L. Holzman, J.

In this application pursuant to SCPA 2311 for the advance payment of commissions to the coexecutors, the corporate coexecutor seeks a payment on account of commissions in the sum of $50,200, an amount which is slightly greater than the advance sought by the other coexecutor. The discrepancy is explained by the provision in the will which provides that the corporate executor is to be paid commissions pursuant to "its published schedule of compensation in effect when such compensation is payable.” This schedule apparently includes the value of assets which…