Summary
affirming order of surrogate's court directing executor to pay part of attorney's fees from his statutory commission because "a substantial portion of the services performed by the attorney were executorial in nature"
Summary of this case from In re Proceeding by DavidsonOpinion
January 16, 1990
Appeal from the Surrogate's Court, Queens County (Laurino, S.).
Ordered that the order is affirmed, without costs or disbursements.
We find that the Surrogate did not improvidently exercise his discretion in setting aside a settlement of the estate by agreement and in ordering that the executor pay a part of the attorney's fees from his statutory commission since a substantial portion of the services performed by the attorney were executorial in nature (see, Matter of Wolf, 147 A.D.2d 487; Matter of Zorek, 131 A.D.2d 580; Matter of Hertz, 128 A.D.2d 780).
Moreover, the Surrogate did not act improperly in reducing the attorney's fees from $14,500 to $12,500 (see, Matter of Lanyi, 147 A.D.2d 644; Matter of Wolf, supra; Matter of Moody, 125 A.D.2d 673). Mollen, P.J., Brown, Eiber and Rosenblatt, JJ., concur.