Surrogate Nora Anderson
In this contested action by decedent’s coexecutor, Neville, in seeking advance payment of commissions, facts came to the court’s attention raising concerns regarding Neville’s fitness to continue serving as fiduciary. Beneficiaries alleged Neville’s conduct warranted his suspension pending a removal hearing. They also sought return of commissions he paid himself without court order. The court noted in the process of administering the estate, while Neville appeared content to delay distributions to beneficiaries pending wind-up of the estate and resolution of outstanding issues, he was not so complacent regarding his own commissions. A prior ex parte order granting Neville’s petition for advance payment of commissions was vacated as it was discovered Neville previously paid himself over $175,000 without prior court order. After another petition for advance payments, the co-fiduciary informed the court Neville again made unauthorized advance payments to himself. The court stated Neville’s "cavalier attitude" regarding commissions was troubling as he continued to have unfettered access to estate funds over his co-fiduciary’s objection. Thus, it suspended Neville’s letters testamentary pending a hearing on his removal, directing him to return all commissions.
