MATTER OF TORCZYNER


183 Misc.2d 564 (2000)

706 N.Y.S.2d 573

In the Matter of the Estate of HARRY TORCZYNER, Deceased.

Surrogate's Court, New York County.

February 7, 2000.


Attorney(s) appearing for the Case

Greenfield Stein & Senior L. L. P. for Gary Freidman, petitioner.

Ohrenstein & Brown, L. L. P., for Stephen L. Weiner, objectant.

Seth Rubenstein for Evelyn M. Shechter and another, respondents.

Susan Bloom, guardian ad litem.


OPINION OF THE COURT

RENEE R. ROTH, S.

The issue in this probate proceeding is whether the executor named in decedent's will, who seeks to take depositions (SCPA 1404) and to file objections to the codicil that replaces him, has, by waiving commissions, avoided the requirement of "good cause" that is ordinarily set for such an applicant under the governing statute (SCPA 1410).

Testator Harry Torczyner...

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