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MATTER OF MAHNK

138 A.D.2d 939 (1988)

In the Matter of The Estate of Alice M. Mahnk, Deceased. Duke, Holzman, Yaeger & Radlin, Appellant, v. Alice M. Bentley et al., Respondents

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

March 4, 1988

Decree unanimously modified on the law and as modified, affirmed without costs, in accordance with the following memorandum: It was an improvident exercise of discretion for the Surrogate to disallow $5,000 of the fees to be paid to the attorney for the estate pursuant to the stipulation of the estate beneficiaries. By their stipulation, which was entered on advice of independent counsel and consented to on the record in open court...

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