In re the Estate of Bruno

Appellate Division of the Supreme Court of New York

In re the Estate of Bruno

19 A.D.2d 623, 241 N.Y.S.2d 74, 1963 N.Y. App. Div. LEXIS 3667

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 3, 1963

StatusPublished

This text of 19 A.D.2d 623 (In re the Estate of Bruno) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Bruno, 19 A.D.2d 623, 241 N.Y.S.2d 74, 1963 N.Y. App. Div. LEXIS 3667 (N.Y. Ct. App. 1963).

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Opinion

In a contested probate proceeding, the proponent and certain residuary legatees appeal from so much of a decree of the Surrogate’s Court, Nassau County, entered May 21, 1962 after a jury trial upon framed issues, as (1) denied probate to the propounded instrument upon the ground that the decedent lacked testamentary capacity; and (2) fixed $3,000 as and for the compensation of Lawrence Braunstein, special guardian for Rosemary Bruno, the infant contestant. Decree modified upon the facts by reducing the special guardian’s fee to $2,000. As so modified, decree, insofar as appealed from, affirmed, with costs to all parties filing briefs, payable out of the estate. In our opinion, taking into consideration: (a) the services rendered by the said special guardian for the infant contestant Rosemary Bruno; (b) the gross amount of the estate; and (c) the other fees and expenses still to be paid therefrom, the allowance of $3,000 to him was excessive. Under all the circumstances it should be reduced to $2,000. Ughetta, Acting P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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In a contested probate proceeding, the proponent and certain residuary legatees appeal from so much of a decree of the Surrogate’s Court, Nassau County, entered May 21, 1962 after a jury trial upon framed issues, as (1) denied probate to the propounded instrument upon the ground that the decedent lacked testamentary capacity; and (2) fixed $3,000 as and for the compensation of Lawrence Braunstein, special guardian for Rosemary Bruno, the infant contestant. Decree modified upon the facts by reducing the special guardian’s fee to $2,000. As so modified, decree, insofar as appealed from, affirmed, with costs to all parties filing briefs, payable out of the estate. In our opinion, taking into consideration: (a) the services rendered by the said special guardian for the infant contestant Rosemary Bruno; (b) the gross amount of the estate; and (c) the other fees and expenses still to be paid therefrom, the allowance of $3,000 to him was excessive. Under all the circumstances it should be reduced to $2,000. Ughetta, Acting P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

19 A.D.2d 623, 241 N.Y.S.2d 74, 1963 N.Y. App. Div. LEXIS 3667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-bruno-nyappdiv-1963.