In Matter of McDonnell (179 Misc. 2d 286 [Sur Ct, Nassau County 1998], affd 265 A.D.2d 557 [2d Dept 1999]) the attorney-executor hired separate counsel to represent the estate. She then argued she should be entitled to a full commission since she was not rendering legal services to the estate and thus receiving double fees. Judge Radigan said (at 287): "It would appear to the court that if the salutary effects of the statute are to be realized, that is that testators be made aware that both attorney's fees and commissions are payable to the attorney/fiduciary, then the statute is rendered completely ineffective if it may be circumvented by hiring separate counsel who is unaffiliated."