In re the Estate of Secor

Appellate Division of the Supreme Court of New York

In re the Estate of Secor

39 A.D.2d 575, 331 N.Y.S.2d 754, 1972 N.Y. App. Div. LEXIS 4894

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

DecidedApril 17, 1972

StatusPublished

This text of 39 A.D.2d 575 (In re the Estate of Secor) 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 Secor, 39 A.D.2d 575, 331 N.Y.S.2d 754, 1972 N.Y. App. Div. LEXIS 4894 (N.Y. Ct. App. 1972).

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Opinion

Decree of the Surrogate’s Court, Rockland County, dated June 28, 1971, fixing $11,000 as the compensation of appellant, an attorney, “for all his legal services rendered and to be rendered to the estate ” of the decedent “ through final accounting and distribution by the executor ”, affirmed, without costs. Ordinarily the “ authority of the surrogate is limited to fixing the value of services already rendered, but not those to be rendered in the future ” (3A Warren’s Heaton Surrogates’ Court [6th ed.], § 295, par. 5, subpar. [g]; Matter of Starbuck, 225 App. Div. 689). But here the services yet to be rendered were of such a trifling nature when compared to those already rendered that it is our view that the fact that the Surrogate fixed the attorney’s [576]*576compensation for services rendered and to be rendered is not such as to require modification of the decree (cf. Matter of Tomany, 258 App. Div. 1060). Hopkins, Acting P. J.,. Martuscello, Christ, Brennan and Benjamin, JJ., concur.

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Decree of the Surrogate’s Court, Rockland County, dated June 28, 1971, fixing $11,000 as the compensation of appellant, an attorney, “for all his legal services rendered and to be rendered to the estate ” of the decedent “ through final accounting and distribution by the executor ”, affirmed, without costs. Ordinarily the “ authority of the surrogate is limited to fixing the value of services already rendered, but not those to be rendered in the future ” (3A Warren’s Heaton Surrogates’ Court [6th ed.], § 295, par. 5, subpar. [g]; Matter of Starbuck, 225 App. Div. 689). But here the services yet to be rendered were of such a trifling nature when compared to those already rendered that it is our view that the fact that the Surrogate fixed the attorney’s [576]*576compensation for services rendered and to be rendered is not such as to require modification of the decree (cf. Matter of Tomany, 258 App. Div. 1060). Hopkins, Acting P. J.,. Martuscello, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 575, 331 N.Y.S.2d 754, 1972 N.Y. App. Div. LEXIS 4894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-secor-nyappdiv-1972.

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