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MATTER OF FREEMAN

40 A.D.2d 397 (1973)

In the Matter of the Accounting of Lincoln Rochester Trust Company, as Executor of Julius Freeman, Deceased, Respondent. James A. Freeman, Appellant

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

February 16, 1973.

Attorney(s) appearing for the Case

Sanford Robert Shapiro for James A. Freeman, appellant.

Lamb, Webster, Walz, Telesca & Donovan (Luther Ira Webster of counsel), for respondent.

Frank A. Aloi, guardian ad litem for Matthew J. Freeman, an infant.

Monroe County Bar Association, amicus curiae.

MARSH, J. P., MOULE, CARDAMONE, SIMONS and HENRY, JJ., concur.

Per Curiam.

This appeal is from a decree of judicial settlement which awarded attorneys' fees for legal services rendered to the estate of Julius Freeman. The principal of the estate, including realized increases, amounted to $314,959.62. Estate income during probate was $21,516.85. The executor, Lincoln Rochester Trust Co., was paid commissions on principal and income amounting to $10,354.06 (SCPA 2307). The objectant...

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