In re the Estate of Mandel

Appellate Division of the Supreme Court of New York

In re the Estate of Mandel

20 A.D.2d 719, 247 N.Y.S.2d 556, 1964 N.Y. App. Div. LEXIS 4424

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

DecidedFebruary 17, 1964

StatusPublished

This text of 20 A.D.2d 719 (In re the Estate of Mandel) 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 Estate of Mandel, 20 A.D.2d 719, 247 N.Y.S.2d 556, 1964 N.Y. App. Div. LEXIS 4424 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a proceeding under section 231-a of the Surrogate’s Court Act to fix the compensation of a discharged attorney for legal services rendered by him to the executrices of an estate, the executrices, the said attorney and the special guardian, appeal from, so much of a decree of the Surrogate’s Court, Westchester County, dated July 31, 1963, as fixed the compensation at $4,500, and directed the executrices to pay such sum, together with interest thereon from August 7, 1962. Decree, insofar as appealed from, affirmed, with costs to all parties filing briefs, payable out of the estate. In our opinion, under all the circumstances the Surrogate did not abuse his discretion in fixing the fee at the amount stated. Interest was properly includable from August 7, 1962, which may be considered the date of the demand for payment for the legal services rendered (Matter of Noble, 1 A D 2d 900). (For related appeal, see Orenstein v. Albert, 20 A D 2d 720.) Beldock, P. J., Ughetta, Brennan, Rabin and Hopkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding under section 231-a of the Surrogate’s Court Act to fix the compensation of a discharged attorney for legal services rendered by him to the executrices of an estate, the executrices, the said attorney and the special guardian, appeal from, so much of a decree of the Surrogate’s Court, Westchester County, dated July 31, 1963, as fixed the compensation at $4,500, and directed the executrices to pay such sum, together with interest thereon from August 7, 1962. Decree, insofar as appealed from, affirmed, with costs to all parties filing briefs, payable out of the estate. In our opinion, under all the circumstances the Surrogate did not abuse his discretion in fixing the fee at the amount stated. Interest was properly includable from August 7, 1962, which may be considered the date of the demand for payment for the legal services rendered (Matter of Noble, 1 A D 2d 900). (For related appeal, see Orenstein v. Albert, 20 A D 2d 720.) Beldock, P. J., Ughetta, Brennan, Rabin and Hopkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

20 A.D.2d 719, 247 N.Y.S.2d 556, 1964 N.Y. App. Div. LEXIS 4424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-mandel-nyappdiv-1964.