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In Re the Estate of Dillon

268 N.E.2d 646, 28 N.Y.2d 597, 319 N.Y.S.2d 850, 1971 N.Y. LEXIS 1563
CourtNew York Court of Appeals
DecidedFebruary 17, 1971
StatusPublished
Cited by7 cases

This text of 268 N.E.2d 646 (In Re the Estate of Dillon) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Estate of Dillon, 268 N.E.2d 646, 28 N.Y.2d 597, 319 N.Y.S.2d 850, 1971 N.Y. LEXIS 1563 (N.Y. 1971).

Opinion

Order modified by striking out the direction charging counsel fees of respondent to appellant’s share of the estate, and, as so modified, affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, in the following memorandum: SCPA 2110 does not authorize payment for legal services rendered a party to be charged against the share of other individual parties. Accordingly, although appellant lost in this litigation, the legal fees of the executor as her adversary were not chargeable to her personally. The decision of the Surrogate in refusing to vacate probate was right on the merits.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitbl, Jasen and Gibson. Taking no part: Judge Burke.

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Bluebook (online)
268 N.E.2d 646, 28 N.Y.2d 597, 319 N.Y.S.2d 850, 1971 N.Y. LEXIS 1563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-dillon-ny-1971.