In re the Estate of Allen

S. Samuel Di Falco, S.

In this proceeding, instituted by the administrator under section 211-b of the Surrogate’s Court Act, to determine the validity of certain claims which were presented to him, a question of law was raised at the outset, namely, whether the claimants could recover under any circumstances.

The testimony thus far submitted by the claimant attorney reveals the following facts. The decedent had been judicially declared incompetent. She was not restricted in her movements and had the use of certain limited funds. In May or June, 1962, she consulted the claimant attorney with…