MATTER OF SMITH


131 A.D.2d 913 (1987)

In the Matter of The Estate of Arthur B. Smith, Deceased. Philip Hillsberg, Appellant; Beverly J. Smith, as Executrix of Arthur B. Smith, Deceased, Respondent

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

June 4, 1987


Harvey, J.

The issue on appeal is whether $2,500 was reasonable compensation for petitioner's services in successfully getting admitted to probate a copy of a lost will which had not been witnessed in strict compliance with EPTL 3-2.1. Decedent, Arthur B. Smith, died in November 1985. He was survived by his wife (hereinafter respondent) and two adult children. Prior to his death decedent had drafted his own will, without the

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