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MATTER OF NEWMAN

177 Misc.2d 72 (1998)

675 N.Y.S.2d 836

In the Matter of The Estate of Henrietta Newman, Deceased.

Surrogate's Court, Bronx County.

June 11, 1998

Attorney(s) appearing for the Case

James P. Shea for Alfred LaPorta, proponent.

LEE L. HOLZMAN, J.

The issue presented in this probate proceeding is whether the court, in the exercise of its discretion under SCPA 2307-a (9) (b) (ii), should waive the "testator's written acknowledgment of disclosure" with regard to commissions and counsel fees as provided in SCPA 2307-a (1) and (2) where the attorney draftsperson is nominated as the executor. Here, the attorney executor drafted the propounded...

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