MATTER OF MOSS


21 Misc.3d 507 (2008)

863 N.Y.S.2d 588

In the Matter of the Estate of PAULA M. MOSS, Deceased. In the Matter of the Estate of MORTIMER HESS, JR., Deceased.

Surrogate's Court, New York County.

September 12, 2008.


Attorney(s) appearing for the Case

Carter Ledyard & Milburn LLP, for Jerome J. Caulfield, as nominated executor of the estate of Moss.

Loeb & Loeb LLP, for Linda Ann Hess and others, as nominated executors of the estate of Hess.


OPINION OF THE COURT

RENEE R. ROTH, S.

The respective draftsmen of the propounded wills in the estates of Paula M. Moss and Mortimer Hess, Jr., seek appointment as executors. Their applications raise different novel questions concerning the statute governing compensation of such fiduciaries (SCPA 2307-a).

The underlying facts in the first proceeding are as follows. Ms. Moss died on January 25, 2008, at the age of 92, survived by two children. She...

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