Fitzgerald v. Wells

This is an application pursuant to article 78 of the Civil Practice Act for a restraining order in the nature of a writ of prohibition directed against the respondent Lott H. Wells, as Surrogate of St. Lawrence County, to hear and determine the application of the respondent Harold J. Smith, as administrator c. t. a. of the estate of Mary V. Wert, deceased, to have fixed and determined the compensation of the petitioner Edmund Fitzgerald, for attorney’s services rendered to said estate.

*436The petitioner contends that the Surrogate should disqualify himself and should not hear and determine the…