Estate of Balfe

Order unanimously affirmed with costs. Memorandum: In this proceeding commenced by the executrix of the estate of Gertrude Balfe pursuant to SCPA 1809, respondent contends that it was error for the Surrogate to disallow and dismiss his claim against the estate for $25,000 in legal fees. We disagree. Respondent is an attorney who claims that he rendered services to the decedent and to her estate for which he has not been paid. On February 15, 1989 respondent presented a claim against the estate for his fee pursuant to SCPA 1803. That claim was accompanied by respondent’s conclusory affidavit…