MATTER OF CAMPBELL


134 Misc.2d 960 (1987)

In the Matter of The Estate of Kenneth F. Campbell, Deceased.

Surrogate's Court, Columbia County.

February 26, 1987


Attorney(s) appearing for the Case

Joseph F. Nocca for Harry J. Campbell, administrator. Hollenberg, Levin & Solomon (Victor Levin of counsel), for objectants.


JOHN G. LEAMAN, J.

In its decision dated December 8, 1986, the court determined, inter alia, that the objectants' reasonable attorney's fees should be paid out of the proceeds of the administrator's commissions.

Considerations of law, equity and policy alike compel such a result under the circumstances of this case. As the court earlier observed, had the administrator not relinquished de facto control of the estate and his own fiduciary...

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