Legal Opinion

In re the Estate of Owen

New York Surrogate's Court

Decided September 19, 1932PublishedCited by 11 opinions

1Opinion of the Court

Smith, S.

The residuary legatee objects to the executor being allowed the sum of $2,500 shown by his account to have been paid by him to his attorney for legal and other services, on the ground that the amount is unreasonable, as certain of the services performed and charged for were:

1. Not a proper charge against the estate.

2. Services which should have been performed by the executor.

3. Clerical services charged for on the basis of legal services.

4. Unnecessary services.

5. Services on accounting for which the costs are fixed by the surrogate.

And further that if the probate proceeding, as…

2Cases cited19 opinions

  1. In Re the Accountings of HawleyNew York Court of Appeals · 1885
  2. In re the Judicial Settlement of the Final Account of Proceedings of LesterAppellate Division of the Supreme Court of the State of New York · 1916
  3. In the Matter of the Estate of HoodNew York Court of Appeals · 1882
  4. In re the Judicial Settlement of the Account of LydonAppellate Division of the Supreme Court of the State of New York · 1923
  5. In re the Judicial Settlement of the Account of JarvisNew York Surrogate's Court · 1920

14 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In re the Accounting of KellyNew York Surrogate's Court · 1947
  2. In re the Estate of RobertsAppellate Division of the Supreme Court of the State of New York · 1963
  3. In re the Estate of ScherNew York Surrogate's Court · 1933
  4. In re the Accounting of Marine Midland Trust Co.New York Surrogate's Court · 1956
  5. In re the Estate of BrewsterNew York Surrogate's Court · 1932

6 more not listed; retrieve them via the Exa API.

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