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MATTER OF PENZATO

200 Misc. 751 (1951)

In the Matter of the Accounting of Anna Penzato, as Executrix of Joseph Penzato, Deceased.

Surrogate's Court, Ulster County.

July 9, 1951.

Attorney(s) appearing for the Case

Peter H. Harp for Anna Penzato, as executrix, petitioner.

Walter J. Miller for Central Co-operative Association of Gardiner, Inc.

David W. Corwin for Huguenot National Bank of New Paltz.

Michael Nardone for Anna Penzato, individually.

STERLEY, S.

This is an application made to this court requesting the court to exercise its discretion to refuse to grant commissions to the executrix in the above estate. Section 285 of the Surrogate's Court Act would seem to grant no discretion to the Surrogate as far as the payment of commissions is concerned. It says that the "surrogate must allow" the legal representative the commissions at the rate set...

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