IN THE MATTER OF BENWARE

511510

86 A.D.3d 687 (2011)

927 N.Y.S.2d 173

2011 NY Slip Op 5841

In the Matter of the Estate of IRIS H. BENWARE, Deceased. BARBARA BURT, as Coexecutor of the Estate of IRIS H. BENWARE, Deceased, Respondent; BETTYANN BENWARE O'BRIEN, Individually and as Coexecutor of the Estate of IRIS H. BENWARE, Deceased, Appellant. RICHARD D. WICKERHAM, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 7, 2011.


KAVANAGH, J.

Petitioner and respondent are sisters and coexecutors of the estate of their deceased mother who, in her will, left each an equal share of her residuary estate. In November 2007, Richard D. Wickerham was retained to serve as counsel for the estate, and he executed a retainer agreement wherein he would receive 5% of the estate's total tax value as his fee. The retainer agreement also provided that additional costs could be incurred for legal services rendered...

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