In re Fix Compensation of Attorney Pursuant to Section 231-a of Surrogate's Court Act

Appellate Division of the Supreme Court of New York

In re Fix Compensation of Attorney Pursuant to Section 231-a of Surrogate's Court Act

255 A.D. 854

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 4, 1938

StatusPublished

This text of 255 A.D. 854 (In re Fix Compensation of Attorney Pursuant to Section 231-a of Surrogate's Court Act) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Fix Compensation of Attorney Pursuant to Section 231-a of Surrogate's Court Act, 255 A.D. 854 (N.Y. Ct. App. 1938).

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Opinion

In a proceeding by an attorney to fix the value of the legal services rendered to the executor of an estate (now deceased) pursuant to section 231-a, Surrogate’s Court Act, the successor representatives of the estate contested the value of the services and alleged payment in full by numerous checks. The petitioner testified from memory that some of the checks were paid on account of other matters. In the decision the value of the services was determined and the disputed amount was divided equally between the parties [estates]. There is no rational basis in the evidence for such division. Decree reversed on the law and the facts and the matter remitted to the Surrogate’s Court, Westchester county, for a new hearing, with costs to abide the event. Lazansky, P. J., Davis, Johnston, Adel and Close, JJ., concur.

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In a proceeding by an attorney to fix the value of the legal services rendered to the executor of an estate (now deceased) pursuant to section 231-a, Surrogate’s Court Act, the successor representatives of the estate contested the value of the services and alleged payment in full by numerous checks. The petitioner testified from memory that some of the checks were paid on account of other matters. In the decision the value of the services was determined and the disputed amount was divided equally between the parties [estates]. There is no rational basis in the evidence for such division. Decree reversed on the law and the facts and the matter remitted to the Surrogate’s Court, Westchester county, for a new hearing, with costs to abide the event. Lazansky, P. J., Davis, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

255 A.D. 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fix-compensation-of-attorney-pursuant-to-section-231-a-of-surrogates-nyappdiv-1938.