MATTER OF DEL MONTE


37 A.D.2d 827 (1971)

In the Matter of The Estate of Essie Del Monte, Deceased. Samuel Beil et al., Respondents, Roy D. Del Monte, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1971


On this application by the executors for payment of commissions, the decedent's son objected to the amount sought, claiming that, as to certain assets which passed by virtue of decedent having exercised a power of appointment in her will, no commissions were allowable. The Surrogate sustained this objection for reasons based upon the will, and the applicants did not appeal from that ruling. The order which implemented the decision does not reflect this holding except that...

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