Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum:
Emma Smith died in 1979 leaving a will naming her son, defendant Donald Smith, as executor and sole beneficiary. Smith renounced his appointment in favor of his maternal uncle, plaintiff Joseph Petrus. When Petrus claimed executor commissions in excess of those allowed by law, Smith hired defendant Victor Chambers, an attorney, to bring an accounting...
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