MATTER OF SCHMIDT


134 A.D.2d 432 (1987)

In the Matter of The Estate of Walter P. Schmidt, Deceased. Ann F. Schmidt, as Administratrix C. T. A. of The Estate of Walter P. Schmidt, Deceased, Appellant

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

November 16, 1987


Ordered that the judgment is reversed insofar as appealed from, without costs or disbursements, by deleting the second and third decretal paragraphs thereof and substituting therefor a provision reinstating the provision in the stipulation requiring the payment of $70,000 in counsel fees less the sum of $15,000 which has already been tendered by the estate.

We find that the Surrogate's Court erred in vacating the provision of the parties' stipulation which required...

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