MATTER OF DEVLIN


182 A.D.2d 322 (1992)

In the Matter of The Estate of Edward Devlin, Deceased. The Markham Company Research Services, Inc., Appellant; Frances Svaigsen, Public Administrator, Respondent

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

September 28, 1992


Attorney(s) appearing for the Case

Jaspan, Ginsberg, Ehrlich, Schlesinger & Hoffman, Garden City (Eugene P. Cimini, Jr., Alice J. Brady and Alice J. Hollmuller of counsel), for appellant.

Rocco M. Longo, Jamaica (Risi & Santospirito [John A. Santospirito] of counsel), for respondent.

BALLETTA, J. P., MILLER and COPERTINO, JJ., concur.


RITTER, J.

We are asked to decide whether the Surrogate is empowered to review the reasonableness of a fee first proposed by a so-called "heir locater" firm and agreed to by the distributee of an unclaimed estate. We hold that the Surrogate has such a power and that it was properly exercised in this case by reducing the fee from 40% of the estate to approximately 15%.

An agreement was entered into between...

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