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MATTER OF HERTZ

128 A.D.2d 780 (1987)

In the Matter of The Estate of Emma Hertz, Deceased. Sylvan R. Novick, Appellant

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

March 23, 1987

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances herein, the court did not improvidently exercise its discretion when it set aside a settlement of the estate by agreement and ordered that the executor pay a part of the attorney's and accountant's fees from his statutory commission (SCPA 2110, 2307; Matter of Schaich, 55 A.D.2d 914; Matter...

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