Legal Opinion

In re the Estate of Smith

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1987PublishedCited by 5 opinions

1Opinion of the CourtHarvey, J.

Appeal from a decree of the Surrogate’s Court of Madison County (O’Brien, III, S.), entered October 27, 1986, which, in a proceeding pursuant to SCPA 2110, fixed the reasonable value of legal services rendered by petitioner at $2,500.

The issue on appeal is whether $2,500 was reasonable compensation for petitioner’s services in successfully getting admitted to probate a copy of a lost will which had not been witnessed in strict compliance with EPTL 3-2.1. Decedent, Arthur B. Smith, died in November 1985. He was survived by his wife (hereinafter respondent) and two adult children. Prior to his…

2Cases cited6 opinions

  1. In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
  2. In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
  3. In re the Accounting of BrehmAppellate Division of the Supreme Court of the State of New York · 1971
  4. In re the Estate of GutchessAppellate Division of the Supreme Court of the State of New York · 1986
  5. In re the State of LevyAppellate Division of the Supreme Court of the State of New York · 1985

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

3Cited by5 opinions

  1. Rosenzweig v. GomezAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re GuatteryAppellate Division of the Supreme Court of the State of New York · 2000
  3. Potts v. HinesAppellate Division of the Supreme Court of the State of New York · 1988
  4. Mahan v. MahanAppellate Division of the Supreme Court of the State of New York · 1995
  5. Ziegler v. McCallion & Associates LLPAppellate Division of the Supreme Court of the State of New York · 2009

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