The following papers were considered in the preparation of this decision:Stipulation of Settlement, September 2016 1Objectants’ Brief re Professional Fees, with Exhibits 2Objectants’ Brief re Allocation of Disgorged Fees 3Fazio Affirmation of Legal Services [BF&A], dated February 16, 2017 4Blodnick Supplemental Affirmation, dated February 8, 2017 5Affirmation of John V. O’Connor, dated March 17, 2017 6Claim & Affidavit of Harvey A. Schweiger, Esq., dated July 20, 2015 7Affidavit of Anthony Gomez, dated February 17, 2017 8Affidavit of Jeffrey Weberman, dated February 22, 2017 9Affidavit of Anthony Gomez re Expense Reimbursement, dated February 14, 2017 10Intermediate Accounting, filed January 13, 2013 11Petition for Judicial Settlement of Account, dated January 14, 2013 12Amended Petition for Judicial Settlement of Intermediate Account, filed February 24, 2014 13Supplemental Citation, dated March 16, 2014 14Amended Accounting, filed February 26, 2014 15Amended Intermediate Accounting, filed March 5, 2014 16Amended Accounting Schedule A, etc., filed March 10, 2014 17Blodnick Affidavit Amending Accounting, filed March 5, 2014 18Blodnick Affidavit Amending Accounting, filed March 11, 2014, with attached Intermediate Account 19Update to Accounting by Executor, dated March 24, 2015 20Schweiger Affidavit, dated August 27, 2013 21BF&A Retainer Agreement, dated July 29, 2013 22Schweiger Retainer Agreement 23N & W Retainer Agreement, dated August 17, 2012 24Decision dated November 5, 2011 25Decision dated December 19, 2013 26Decision dated September 30, 2014 27Decision dated January 28, 2015 28NY State Estate Tax Return, dated May 14, 2012 29New York Estate Tax Closing Letter, dated December 26, 2012 30Notice of Cross Motion for Costs & Sanctions, dated October 20, 2014 31Blodnick Affidavit in Support, dated October 20, 2014 32Verified Objections, July 16, 2014 33Verified Supplemental Objections, dated April 16, 2015 34Notice of Motion to Dismiss Objections, July 13, 2014 35Affirmation of Blodnick in Support of Dismissal Motion, dated July 13, 2014 36Unredacted Copies of Invoices 37Stipulation Discontinuing Schweiger Action, dated July 10, 2017 38AMENDED DECISION & ORDERI. ISSUES BEFORE THE COURT
*1 In connection with the settlement that resolved multiple issues in this accounting proceeding, the stipulation provided that all objections to the executor’s accounting were withdrawn, “except: (1) those already granted; and (2) to all legal fees and disbursements of Blodnick1 and Schweiger2, and the accounting fees of Weberman3 paid out of the estate in the total amount of $338,038.53.” The court must accordingly fix legal and accounting fees. The stipulation further provides: “5. Objectants4 believe that the Court should decide the distribution of any professional fees ordered by the Court to be disgorged. Petitioner believes any such disgorged fees should become part of the residuary estate and be distributed in accordance with the terms of the Will. Accordingly, the
