In re the Estate of Foley

New York Surrogate's Court

In re the Estate of Foley

126 Misc. 672, 215 N.Y.S. 140, 1926 N.Y. Misc. LEXIS 883

CourtNew York Surrogate's Court

DecidedFebruary 24, 1926

StatusPublished

Cited by1 cases

This text of 126 Misc. 672 (In re the Estate of Foley) is published on Counsel Stack Legal Research, covering New York Surrogate's Court 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 Foley, 126 Misc. 672, 215 N.Y.S. 140, 1926 N.Y. Misc. LEXIS 883 (N.Y. Super. Ct. 1926).

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Opinion

O’Brien, S.

Cross-applications for letters of administration c. t. a. are made first by an attorney who claims to be a creditor and, upon the hearing of his application, by the daughter of decedent and sole legatee under the will. The attorney asks that the decree appointing such administrator contain a provision directing the payment of his counsel fees. This latter application is denied as well as his application for letters which will be granted to the daughter and sole legatee. If an agreement as to fees cannot be arranged by said attorney and the administratrix, he may petition under section 231-a of the Surrogate’s Court Act for an order fixing his fees at which time his authority to act, the services _ rendered and compensation may be inquired into. Submit decree" on notice.

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O’Brien, S.

Cross-applications for letters of administration c. t. a. are made first by an attorney who claims to be a creditor and, upon the hearing of his application, by the daughter of decedent and sole legatee under the will. The attorney asks that the decree appointing such administrator contain a provision directing the payment of his counsel fees. This latter application is denied as well as his application for letters which will be granted to the daughter and sole legatee. If an agreement as to fees cannot be arranged by said attorney and the administratrix, he may petition under section 231-a of the Surrogate’s Court Act for an order fixing his fees at which time his authority to act, the services _ rendered and compensation may be inquired into. Submit decree" on notice.

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Bluebook (online)

126 Misc. 672, 215 N.Y.S. 140, 1926 N.Y. Misc. LEXIS 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-foley-nysurct-1926.

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