MATTER OF PESKIN


1 Misc.2d 442 (1954)

In the Matter of the Accounting of Julius Peskin et al., as Executors of Jacob Peskin, Deceased.

Surrogate's Court, Bronx County.

December 13, 1954.


Attorney(s) appearing for the Case

Irving I. Sternberg for Julius, Morris and Herman Peskin, as three of the executors of Jacob Peskin, deceased, petitioners.

Jacob M. Zinaman for Leon Peskin, as fourth such executor, objectant.


McGRATH, S.

The statement of the accountants in Schedule "J" of their account that they "herein waive their statutory commissions" did not constitute an irrevocable waiver thereof.

The Referee has correctly found that "No proper proof of any agreement with respect to waiver of commissions was offered."

This voluntary waiver of commissions being a unilateral act that involved no element of estoppel was therefore ineffectual to deprive them...

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