Opinion
November 12, 1953.
Appeal from Surrogate of Chenango County.
The appeal is taken by Middlebury College, the residuary legatee under the last will and testament of the decedent. The gross distributable estate was $85,969. A single executor's commission of $1,739.38 was granted. There were no unusual features in the administration of the estate. We believe that an allowance of $4,000 would have been adequate. Decree, insofar as appealed from, reversed upon the facts in the exercise of discretion and the amount allowed to the attorney for the estate reduced to the sum of $4,000. Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ., concur.