ESTATE OF CONSTANTINE SPENCE, also known as SAM GREEN, Deceased

ESTATE OF CONSTANTINE SPENCE, also known as SAM GREEN, Deceased (1396/13 and 1396/A/13) — In this estate, the decedent's daughter and her attorney petitioned for letters of administration seeking to serve jointly and the mother of three of the decedent's children cross petitioned for letters to herself. On the return date of the petition the parties entered into a written stipulation that was "so-ordered" by the court, providing, inter alia, that: (1) the infants' mother was to expeditiously obtain letters of guardianship of the infants' property; (2) thereafter, the petition and cross petition were to be consolidated, and the petitioners and cross petitioner were to serve jointly as co-administrators; (3) the cross petitioner was to receive a full fiduciary commission and the petitioners would equally share one full commission; (4) letters of temporary administration would be awarded solely to the petitioning attorney limited to marshaling estate assets and depositing them in an escrow account; (5) the temporary administrator would not seek commissions and had to obtain the consent of the cross petitioner's counsel prior to paying administration expenses or seeking payment for legal services rendered to the estate. Thereafter, letters of guardianship of the infants' property were awarded to the cross petitioner, and the petitioning attorney further amended the application to reflect that the estate assets now consist of personal property valued at $129,515.56, title to real property owned by the decedent having been foreclosed upon and transferred to a new owner.

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ESTATE OF CONSTANTINE SPENCE, also known as SAM GREEN, Deceased (1396/13 and 1396/A/13) — In this estate, the decedent’s daughter and her attorney petitioned for letters of administration seeking to serve jointly and the mother of three of the decedent’s children cross petitioned for letters to herself. On the return date of the petition the parties entered into a written stipulation that was “so-ordered” by the court, providing, inter alia, that: (1) the infants’ mother was to expeditiously obtain letters of guardianship of the infants’ property; (2) thereafter, the petition and cross petition were to be consolidated, and the petitioners and cross petitioner were to serve jointly as co-administrators; (3) the cross petitioner was to receive a full fiduciary commission and the petitioners would equally share one full commission; (4) letters of temporary administration would be awarded solely to the petitioning attorney limited to marshaling estate assets and depositing them in an escrow account; (5) the temporary administrator would not seek commissions and had to obtain the consent of the cross petitioner’s counsel prior to paying administration expenses or seeking payment for legal services rendered to the estate. Thereafter, letters of guardianship of the infants’ property were awarded to the cross petitioner, and the petitioning attorney further amended the application to reflect that the estate assets now consist of personal property valued at $129,515.56, title to real property owned by the decedent having been foreclosed upon and transferred to a new owner.

Accordingly, the application, as amended, is granted. Letters of administration shall issue jointly to the petitioners and cross petitioner, subject to the terms of the so-ordered stipulation. The letters of temporary administration that issued to Gary S. Basso, Esq. are hereby revoked.

ESTATE OF CONSTANTINE SPENCE, also known as SAM GREEN, Deceased

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