Mahnk v. Bentley

Decree unanimously modified on the law and as modified, affirmed without costs, in accordance with the following memorandum: It was an improvident exercise of discretion for the Surrogate to disallow $5,000 of the fees to be paid to the attorney for the estate *940pursuant to the stipulation of the estate beneficiaries. By their stipulation, which was entered on advice of independent counsel and consented to on the record in open court, the parties intended to settle the objections to the estate, including the issue of attorney’s fees. In reducing the fee in derogation of the parties’ agreement,…