In re Goldowitz

Wingate, S.

This is an application, made under somewhat unusual circumstances, to compel executors to file and proceed to settle their account.

The petitioner is the attorney employed in the estate of testatrix’s husband, who predeceased her, and from whom substantially all of the assets of this estate are derived. His services in this regard were extended, arduous and successful.

In or about June, 1933, he made an application in the husband’s estate under section, 231-a of the Surrogate’s Court Act for a fixation of his fees, as a result of which a stipulation was entered into “ that the…