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

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

DecidedNovember 30, 1936

StatusPublished

This text of 249 A.D. 654 (In re the Administration of the Estate of Kohler) 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 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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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.

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Bluebook (online)

249 A.D. 654, 291 N.Y.S. 434, 1936 N.Y. App. Div. LEXIS 5407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-administration-of-the-estate-of-kohler-nyappdiv-1936.