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MATTER OF REES

141 A.D.2d 649 (1988)

In the Matter of The Estate of Imogene V. Rees, Deceased. Margaret Rowlenson as Coexecutor of Imogene V. Rees, Deceased, Petitioner; John P. Clarke, as Coexecutor of Imogene V. Rees, Deceased, Appellant

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

June 13, 1988

Ordered that the decree is reversed insofar as appealed from, with costs payable by the estate, and the matter is remitted to the Surrogate's Court, Queens County, for further proceedings in accordance herewith.

We are unable to determine from the decision herein precisely which of the services performed by the appellant the court found to be legal in nature to be compensated by fees and which services were executorial in nature and were compensated by commission...

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