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MATTER OF WIGGINS

200 A.D.2d 813 (1994)

606 N.Y.S.2d 423

In the Matter of The Estate of Eva S. Wiggins, Deceased. Jeremiah Wood, Individually and as Executor of Eva S. Wiggins, Deceased, Appellant; Michael A. Mazzone, as Surrogate of The County of Fulton, Respondent. (Proceeding No. 1.) In the Matter of Frederick R. Stortecky, Respondent, v. Michael A. Mazzone, as Surrogate of The County of Fulton, Appellant. (Proceeding No. 2.)

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

January 6, 1994

Mikoll, J. P.

These appeals question whether, in a voluntary proceeding for final settlement of an estate account, Surrogate's Court has the authority, sua sponte, to commence an investigation into and to conduct hearings upon the propriety of the estate's administration and the reasonableness of counsel fees claimed when all interested parties waived service of citation and expressly consented to judicial...

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