MATTER OF MCDONALD


116 Misc.2d 834 (1982)

In the Matter of The Estate of Marjorie B. McDonald, Deceased.

Surrogate's Court, Nassau County.

December 3, 1982


Attorney(s) appearing for the Case

Dewey Ballantine Bushby Palmer & Wood for petitioners.


C. RAYMOND RADIGAN, J.

This application by the coexecutor of the estate of Marjorie B. McDonald, for advance receiving commissions, without bond, raises novel questions concerning the application of SCPA 2311.

The decedent Marjorie B. McDonald died on April 24, 1982. Her will dated December 9, 1969 together with two codicils dated June 15, 1975 and May 3, 1979 were duly admitted to probate.

Article "ELEVEN" of the will provides in part...

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