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IN THE MATTER OF OTHMER

18 A.D.3d 758 (2005)

796 N.Y.S.2d 109

In the Matter of the Estate of DONALD F. OTHMER, Deceased. GERHARD FROHLICH, Appellant; LONG ISLAND COLLEGE HOSPITAL et al., Respondents.

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

May 23, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The petitioners, Gerhard Frohlich and Theodore Wagner, were named co-executors in article fourteen of the decedent's will, which provides: "The commissions payable to my executors shall be according to the New York statute then in effect, but shall in no event exceed the sum of $800,000, which amount shall be divided between my executors, if more than...

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