In re the Accounting of Genovese

I dissent and vote to modify the decree by limiting the surcharge to the amount necessary to satisfy the shares of the objecting legatees only and to limit the attorney’s refund to the estate to the amount of the surcharge as thus determined.

The court is unanimously of the opinion that ordinarily a fiduciary’s surcharge is limited to the amount necessary to pay *743the proportionate share of the objecting interests alone. Indeed, that rule is well settled and supported by controlling authority. (Matter of Garvin, 256 N. Y. 518; Matter of Roche, 259 N. Y. 458; see, also, Matter of Koch, 184 Misc.…