In re Benjamin

— In a probate proceeding in which the successor trustees of a living trust petitioned for the judicial settlement of their account, George B. Headley, the attorney for the successor trustees, appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Kings County (Johnson, S.), dated May 1, 2009, as, upon a decision of the same court dated November 7, 2008, fixing his attorney’s fee in the principal sum of only $28,698, directed him to refund the sum of $25,437 to the trust.

Ordered that the decree is affirmed insofar as appealed from, with costs.

The Surrogate “bears…