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MATTER OF SAWYER

46 A.D.2d 48 (1974)

In the Matter of The Estate of Edith M. Sawyer, Deceased. Leonard W. Cramer, as Successor Executor, Respondent; Samuel A. McClung et al., Appellants

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

November 14, 1974.

Attorney(s) appearing for the Case

Harry R. Hayes for appellants.

Van Horne, Feury & Gozigian (Edward Gozigian of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., KANE and REYNOLDS, JJ., concur.

SWEENEY, J.

Edith Sawyer died in July of 1958. By her will, she left her husband, LeRoy Sawyer, a life estate in all her property with power to consume. Her estate was then valued at approximately $300,000. Leonard W. Cramer, the attorney for the estate, probated the will, filed tax returns and distributed the assets of the life estate for which he received a fee of $4,449, plus expenses. The will provided that...

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