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MATTER OF FEELUS

171 Misc.2d 110 (1997)

653 N.Y.S.2d 537

In the Matter of The Estate of Marilyn Feelus, Deceased.

Surrogate's Court, Bronx County.

January 6, 1997

Attorney(s) appearing for the Case

Elissa L. Insler for Gloria Barouch and another, petitioners.

LEE L. HOLZMAN, J.

In this application by the co-preliminary executrices for an advance payment of commissions pursuant to SCPA 2311, the question presented is whether a literal construction of SCPA 2311 (1) and 1412 (7) mandates that the application be denied (Turano, Practice Commentaries, McKinney's Cons Laws of NY, Book 58A, SCPA 1412, at 347) and, if not, whether under the facts of this case, the court...

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