MATTER OF GRANT


155 Misc.2d 819 (1993)

___ N.Y.S.2d ___

In the Matter of The Estate of Delancey T. Grant, Deceased.

Surrogate's Court, New York County.

June 24, 1993


Attorney(s) appearing for the Case

Keck, Mahin, Cate & Koether, New York City, for petitioners. Robert Abrams, Attorney-General, New York City, for respondents.


RENEE R. ROTH, S.

The executors of the estate of Delancey Thorn Grant seek an advance payment of their commissions computed in accordance with the terms of the will rather than pursuant to SCPA 2307. Implicit in the application is whether the clause determining the compensation of the fiduciary is contrary to public policy.

By the express terms of his will, Mr. Grant provided that his executors, the Bank of New York and Donald E. McNicol, shall...

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