In re the Estate of Garrity

Delehanty, S.

This is a proceeding under section 231-b of the Surrogate’s Court Act to fix the fees of the attorney-in-fact for certain distributees of deceased. The statute authorizes the court “ to fix and determine the compensation, charges and expenses of a person acting under a power of attorney * * * and to review and determine the validity and reasonableness of any such compensation, charge or expense, whether or not the same has been previously fixed by agreement.”

The attorney-in-fact here seeks the issuance of a commission to take testimony of the distributees who signed the powers of…