In re the Administration of the Estate of Kohler

Appellate Division of the Supreme Court of New York

In re the Administration of the Estate of Kohler

249 A.D. 654, 291 N.Y.S. 434, 1936 N.Y. App. Div. LEXIS 5407

Appellate Division of the Supreme Court of the State of New York·Decided November 30, 1936·Published

Opinion

In a proceeding to fix an allowance to the attorney for the administrator, order of the Surrogate’s Court of Nassau county, in so far as an appeal is taken therefrom, reversed upon the law, without costs, and application denied, without costs. In our opinion, it was beyond the power of the surrogate to direct the payment to the administrator’s attorney of a counsel fee from property determined to belong to the appellants and not to the estate. Lazansky, P. J., Young, Johnston, Adel and Taylor, JJ., concur.

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In a proceeding to fix an allowance to the attorney for the administrator, order of the Surrogate’s Court of Nassau county, in so far as an appeal is taken therefrom, reversed upon the law, without costs, and application denied, without costs. In our opinion, it was beyond the power of the surrogate to direct the payment to the administrator’s attorney of a counsel fee from property determined to belong to the appellants and not to the estate. Lazansky, P. J., Young, Johnston, Adel and Taylor, JJ., concur.

In re the Administration of the Estate of Kohler, 249 A.D. 654, 291 N.Y.S. 434, 1936 N.Y. App. Div. LEXIS 5407 (N.Y. Ct. App. 1936).

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