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In the Matter of the Estate of ELLEN P. LAFLIN, Also Known as ELLEN PHILBRICK LAFLIN, Deceased. IRVING D. GOODSTEIN, Appellant; JOHN C. LAFLIN, Respondent.

Order affirmed, with costs.

Objectant's amended objection number 10 alleges that executor Goodstein, as the attorney draftsman of decedent's will, negligently and unethically failed to advise decedent of the statutory provision which permits the payment of full commissions to each of two nominated executors in an estate of this size ( see, SCPA 2307). The appellant Goodstein, who together with his coexecutor, Chemical Bank, has petitioned the Surrogate's Court for a judicial settlement of their account, has failed to demonstrate that any prejudice or surprise would result from the proposed amendment ( see, McCaskey, Davies Assoc. v New York City Health Hosps. Corp., 59 N.Y.2d 755; Krupp v. Aetna Life Cas. Co., 104 A.D.2d 857). Furthermore, the objectant's amended objection number 10 is legally cognizable ( see, Matter of Weinstock, 40 N.Y.2d 1; Matter of Harris, 123 Misc.2d 247). Gibbons, J.P., Thompson, Weinstein and Lawrence, JJ., concur.

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MATTER OF LAFLIN
(Jun 24, 1985)