In re the Estate of Greer

Frankenthaler, S.

Petitioner alleges that he has a claim for an administration expense and he seeks to compel the executor to pay it out of the estate assets. (Surrogate’s Ct. Act, § 217.) His claim is based upon services alleged to have been rendered to the estate fiduciary (at that time, the temporary administrator) in making investigations and collecting evidence to identify the statutory distributee of the testatrix. Petitioner alleges that the services were rendered pursuant to an express retainer by the attorneys for the estate. He has failed to establish by a fair preponderance of…