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IN THE MATTER OF LARACY

6 A.D.3d 853 (2004)

775 N.Y.S.2d 392

In the Matter of the Estate of ETHEL LARACY, Deceased. ROBERT I. WILLIAMSON, as Executor of ETHEL LARACY, Deceased, Respondent; ALBANY MEDICAL COLLEGE et al., Respondents. ELIOT SPITZER, as Attorney General of the State of New York, Appellant.

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

April 8, 2004.

Lahtinen, J.

In this appeal, the Attorney General urges that, as a matter of law, all fees paid by petitioner, the executor of decedent's estate, to a financial institution for managing the estate's assets should have been treated as a surcharge against petitioner's commission. Decedent reportedly placed $500,000 in the management of the Tompkins County Trust Company in 1983 and, at the time of her death in 1997, the assets...

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