In re the Judicial Settlement of the Account of the Proceedings of Hall

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of the Proceedings of Hall

217 A.D. 701

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

DecidedMay 15, 1926

StatusPublished

Cited by1 cases

This text of 217 A.D. 701 (In re the Judicial Settlement of the Account of the Proceedings of Hall) 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 Judicial Settlement of the Account of the Proceedings of Hall, 217 A.D. 701 (N.Y. Ct. App. 1926).

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Opinion

Per Curiam.

The contract for compensation to the attorneys for the executor, as established at the hearing by proof, as to the competency of which no objection was made, was authorized by the residuary legatee. She was the only person to be adversely affected by such contract; she was, therefore, estopped from objecting thereto, and the estoppel, after her death, extended to her next of kin. The allowance to the attorney for the contestant, under the circumstances, we consider excessive. All concur. Decree reversed on the law and facts and new trial granted before the surrogate, with costs to the appellant payable out of the estate. Orders reversed on the law and facts, without costs.

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Per Curiam.

The contract for compensation to the attorneys for the executor, as established at the hearing by proof, as to the competency of which no objection was made, was authorized by the residuary legatee. She was the only person to be adversely affected by such contract; she was, therefore, estopped from objecting thereto, and the estoppel, after her death, extended to her next of kin. The allowance to the attorney for the contestant, under the circumstances, we consider excessive. All concur. Decree reversed on the law and facts and new trial granted before the surrogate, with costs to the appellant payable out of the estate. Orders reversed on the law and facts, without costs.

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Bluebook (online)

217 A.D. 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-the-proceedings-of-hall-nyappdiv-1926.

Opinion

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