IN THE MATTER OF CLAIRE KATZ


55 A.D.3d 836 (2008)

In the Matter of the Estate of CLAIRE KATZ, Deceased. ELYSE SHAVELSON et al., Respondents; SIGMUND KATZ, Appellant.

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

October 21, 2008.


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

Contrary to the objectant's contention, the executors were entitled to commissions on the sale of the subject real property. An executor is entitled to receive a commission for all sums of money and all property received and paid out (see SCPA 2307 [1]; Matter of Mattis, 55 Misc.2d 511, 513 [1967]). Generally, commissions are not payable...

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