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MATTER ESTATE MARY V. LORILLARD (10/20/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


October 20, 1969

IN THE MATTER OF THE ESTATE OF MARY V. LORILLARD, DECEASED. CHARLES S. MCVEIGH, JR., ET AL., APPELLANTS; ANGELO J. INGRASSIA, RESPONDENT

Appeal by the executors from so much of a decree of the Surrogate's Court, Orange County, dated May 5, 1969, admitting the will of decedent to probate, as allowed the respondent special guardian $5,000 for his services and disbursements.

Beldock, P. J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.

In our opinion, the allowance to respondent over and above $3,500 was excessive (cf. Matter of Lipsit, 21 A.D.2d 509, 515-516; Matter of Rich, 8 A.D.2d 730).

Disposition

Decree modified, on the law and the facts, by reducing the allowance to $3,500. As so modified, decree affirmed insofar as appealed from, without costs.

19691020

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