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IN THE MATTER OF THE ESTATE OF WAGONER

30 A.D.3d 805 (2006)

816 N.Y.S.2d 599

In the Matter of the Estate of SIDNEY J. WAGONER JR., Deceased. DARLEEN L. DOMANICO, as Executor of SIDNEY J. WAGONER JR., Deceased, Appellant; BRONK VAN SLYKE et al., Respondents.

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

June 15, 2006.

Kane, J.

Decedent's will designated petitioner, a paralegal for the attorney who drafted the will, as executor of his estate. Despite the fact that petitioner is not an attorney, decedent executed a disclosure statement pursuant to SCPA 2307-a stating that he had been informed that he could appoint any person as executor, the executor would be entitled to statutory commissions, and an attorney is entitled to counsel fees in addition to executor commissions if the...

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