In re the Estate of McDonnell
Opinion of the Court
—In a probate proceeding, the petitioner appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Nassau County (Radigan, S.), dated January 27, 1999, as reduced her executor’s commission in light of her failure to comply with SCPA 2307-a.
Ordered that the decree is affirmed insofar as appealed from, without costs or disbursements.
SCPA 2307-a provides, inter alia, that an attorney who
Here, it is conceded that the petitioner-attorney drafted a will in which she was named as the executor, and that she failed to comply with the above-mentioned disclosure requirement (see also, SCPA 2307-a [2]). Accordingly, the Surrogate’s Court properly reduced her executor’s commission in accord with SCPA 2307-a (5) (cf., Matter of Weinstock, 40 NY2d 1). Santucci, J. P., Thompson, Sullivan and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.