In re the Estate of Smith

Johst F. Bkaheh, 8.

The residuary legatee has petitioned for the court’s approval of a compromise of the probate proceeding in this estate. No one with a beneficial interest in the estate has filed any objections. Acting as Ms own attorney, proponent, the named executor and trustee in the will, has been granted letters as preliminary executor, and is the only person who opposes the proposed compromise.

It is well-settled law that the proposed executor has no interest in an estate with respect to any compromise made among all parties beneficially interested in the estate. (Matter of Rainey, 255…