Matter of Kochovos

In Matter of Kochovos, (132 Misc. 2d 577) the surrogate reasoned that under SCPA 1412 (7), "if a will is ultimately admitted to probate, and the preliminary executor becomes the executor, the services rendered as a preliminary executor are consolidated with those rendered as executor, and the fiduciary is entitled to compensation based upon the statutory commission to which he would be entitled if he were the executor from the inception of the administration." (id. at 579). The clear implication is that if the executor's compensation was limited by the will, the compensation of the preliminary executor was so limited.