In re the Estate of DeMontagut

OPINION OF THE COURT

Lee L. Holzman, J.

The petitioner, the attorney-draftsman of the will offered for *522probate in this proceeding and the nominated alternate executor thereunder, requests that the court exercise its discretion pursuant to SCPA 2307-a (9) (b) (ii) to waive the application of SCPA 2307-a (1) and (2) so that he may receive a full executor’s statutory commission. The propounded will was executed on June 28, 1979 and is alleged to have been in the possession of the testator until his death. The nominated executrix predeceased the testator.

Although SCPA 2307-a was enacted in 1995 (L…