In Re Babcock

It appears from the record before us that the executor under the last will and testament of Mrs. Babcock employed counsel to represent the estate in litigation then pending in the court of chancery and which, if successful, would have resulted in the absorption of the entire estate. The matter involved was appealed to this court. The decree in chancery was affirmed.

Counsel, so employed, gave notice that he would apply for a counsel fee on the settlement of the executor's final account in the orphans court. An allowance was made. The executor had a perfect right to employ counsel, when…