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MATTER OF WOLF

147 A.D.2d 487 (1989)

In the Matter of The Estate of Morris J. Wolf, Deceased. Norman Bernstein et al., Appellants

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

February 6, 1989

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Upon his determination that approximately one half of the services performed by the petitioner attorney were executorial in nature, the Surrogate did not improvidently exercise his discretion in directing the petitioner executor to pay one half of the attorney's fees and all of the accountant's fees, from his statutory commission (see, Matter of Hertz,

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