In re the Estate of Starr

Order, Surrogate’s Court, New York County (Lambert, S.), entered November 17,1980, unanimously modified, on the law, by striking the first and second ordering paragraphs which granted petitioner’s claim, and otherwise affirmed, without costs. The matter is remanded for a hearing pursuant to SCPA 1808 (subd 5). Decedent Claire Starr retained petitioner, the claimant herein, as her attorney to recover money owed by her son, Malcolm Starr. The retainer agreement provided that “[i]n the event of a recovery, [petitioner] is to receive a sum equal to Fifteen Per Cent (15%) of the recovery” as…