Order unanimously reversed on the law without costs and petition granted, in accordance with the following Memorandum: The Surrogate erred in (1) disapproving the account of the executor and directing that it be resubmitted with a recomputation of executor's fees on the basis set forth in the court's order and (2) awarding a guardian ad litem fee. None of the authorities relied upon by the Surrogate involved an agreement executed by the testator himself. In this case, the...
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