In re Proving the Last Will & Testament of Carstens

Decree of the Surrogate’s Court of Queens county, adjudging the respondent to have a lien in the sum of $500 and directing appellant, the executrix, to pay the same out of the balance of moneys directed to be paid to Harriet McDermott and Katherine Sehwiek, reversed on the law and the facts, without costs, and matter remitted to the Surrogate’s Court for a hearing as to the validity of the agreement to pay the respondent the sum of $500. In our opinion, the surrogate was empowered, under section 231-a of the Surrogate’s Court Act, to enforce payment of the agreed sum to this attorney only if…