In re the Estate of Wills

New York Surrogate's Court

In re the Estate of Wills

194 Misc. 778, 88 N.Y.S.2d 78, 1949 N.Y. Misc. LEXIS 2046

CourtNew York Surrogate's Court

DecidedFebruary 23, 1949

StatusPublished

Cited by1 cases

This text of 194 Misc. 778 (In re the Estate of Wills) 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 Wills, 194 Misc. 778, 88 N.Y.S.2d 78, 1949 N.Y. Misc. LEXIS 2046 (N.Y. Super. Ct. 1949).

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Opinion

Collins, S.

This is a proceeding brought under section 231-a of the Surrogate’s Court Act to fix the compensation of the petitioner for services rendered by him as counsel to the former attorney for the attorney in fact of the distributees of the estate. The services for which petitioner seeks compensation were alleged to have been rendered by him in behalf of his client, the former attorney, in connection with the latter’s own application under section 231-a of the Surrogate’s Court Act, to fix his fees for services rendered by him. The petitioner seeks payment from the allowance previously made to his client (N. Y. L. J., July 30, 1948, p. 174, col. 6). The court has no jurisdiction to determine the controversy between the two attorneys under the section. Petitioner’s claim, if any, is against his client personally. It cannot be adjudicated by this court. The proceeding is dismissed.

Submit order on notice dismissing the proceeding accordingly.

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Collins, S.

This is a proceeding brought under section 231-a of the Surrogate’s Court Act to fix the compensation of the petitioner for services rendered by him as counsel to the former attorney for the attorney in fact of the distributees of the estate. The services for which petitioner seeks compensation were alleged to have been rendered by him in behalf of his client, the former attorney, in connection with the latter’s own application under section 231-a of the Surrogate’s Court Act, to fix his fees for services rendered by him. The petitioner seeks payment from the allowance previously made to his client (N. Y. L. J., July 30, 1948, p. 174, col. 6). The court has no jurisdiction to determine the controversy between the two attorneys under the section. Petitioner’s claim, if any, is against his client personally. It cannot be adjudicated by this court. The proceeding is dismissed.

Submit order on notice dismissing the proceeding accordingly.

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Bluebook (online)

194 Misc. 778, 88 N.Y.S.2d 78, 1949 N.Y. Misc. LEXIS 2046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-wills-nysurct-1949.

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