Appellate Division of the Supreme Court of New York, 1971

In re the Estate of Cooper

In re the Estate of Cooper
Appellate Division of the Supreme Court of New York · Decided October 4, 1971
37 A.D.2d 839; 325 N.Y.S.2d 1008; 1971 N.Y. App. Div. LEXIS 3369
In re the Estate of Cooper

Opinion of the Court

In a proceeding to determine the validity of a claim for services rendered to the testator, the executrix appeals, as limited by her brief, from so much of an order of the Surrogate’s Court, Kings County, dated November 17, 1970, as modified a Referee’s report (to allow the claim to the extent of $750) by allowing the claim to the extent of $2,500. Order modified, on the facts, by reducing the amount of the award to $1,500. As so modified, order affirmed insofar as appealed from, without costs. In our opinion, the amount of the award was excessive to the extent indicated herein. Munder, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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