In this ex parte application by the executor for an advance payment of commissions in the sum of $100,000, petitioner contends that he is not required to post a bond to secure the return of the advance payment if and to the extent it is ultimately disallowed because SCPA 2311 (5) provides that the fiduciary does not have to file a refunding bond "where the will specifically dispenses with such a bond". The will provides as
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MATTER OF DUBIN
166 Misc.2d 971 (1995)
636 N.Y.S.2d 991
In the Matter of The Estate of Irving A. Dubin, Deceased.
Surrogate's Court, Bronx County.https://leagle.com/images/logo.png
December 22, 1995
December 22, 1995
Attorney(s) appearing for the Case
Dechert, Price & Rhoads for Wilbert Dubin, as executor.
Surrogate's Court, Bronx County.
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