In re the Probate of the Will of Locke

In a probate proceeding appellant was appointed special guardian for unknown persons (Surrogate’s Ct. Act, § 64). Through his investigative efforts, enterprisingly conducted, a daughter of the deceased was identified and her whereabouts ascertained. She has appeared in the proceeding by counsel of her choice. An allowance in the sum of $15,761.19 was made by the Surrogate for the services performed- and disbursements incurred. Upon appeal to this court by the executor on the ground of exeessiveness we affirmed (20 A D 2d 627). Thereafter petitioner initiated this proceeding in which he…