In re the Estate of Locke

Francis X. Tucker, S.

This is an application under section 278 of the Surrogate’s Court Act for an additional allowance to the special guardian for legal fees incurred upon an appeal taken by the executor from the order of the Surrogate, dated July 2, 1963, fixing the guardian’s allowance for services performed on behalf of the heirs of Harvey C. Locke. On the appeal the Appellate Division unanimously affirmed the allowance and granted costs to the special guardian as respondent.

The pertinent language of section 278 of the Surrogate’s Court Act reads as follows: “ When the decree is made after…