Legal Opinion
In re the Estate of Maggio
New York Surrogate's Court
Decided December 13, 1938PublishedCited by 8 opinions
1Opinion of the Court
Foley, S.
In the present phase of this proceeding two questions are presented to the surrogate for determination: (1) Whether attorneys who have rendered services to certain of the next of kin of the decedent are entitled to have their Hens enforced for the reasonable value of their services, or the agreed amount of their compensation? (2) Whether such lien is entitled to a preference over assignments made by their clients to other persons?
There is ample power in statute and decisions to protect the attorneys by the establishment of such a Hen and when established to grant precedence over any…
2Cases cited10 opinions
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- In Re Estate of MathesonNew York Court of Appeals · 1934
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of HaasAppellate Division of the Supreme Court of the State of New York · 1969
- In re the Accounting of MillerNew York Surrogate's Court · 1946
- In re the Estate of GutchessAppellate Division of the Supreme Court of the State of New York · 1982
- In re the Estate of DavisNew York Surrogate's Court · 1957
- In re the Estate of ProffenNew York Surrogate's Court · 1940
3 more not listed; retrieve them via the Exa API.