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MATTER OF McCANN

236 A.D.2d 405 (1997)

654 N.Y.S.2d 578

In the Matter of The Estate of Claire G. McCann, Deceased. William A. Cahill et al., Appellants; Claire Pivarsky et al., Respondents

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

February 3, 1997

Ordered that the order is affirmed, with costs payable by the appellants personally.

It is well settled that the Surrogate "bears the ultimate responsibility to decide what constitutes reasonable legal compensation" in estate matters (Matter of Verplanck, 151 A.D.2d 767). This is so regardless of whether there was an agreement by the parties concerning legal fees (see,

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