Collier v. . Munn
New York Court of Appeals
Appeal from judgment of the Supreme Court, in General Term, in the first district, affirming decree of the surrogate of the city and county of Sew York.
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Appeal from judgment of the Supreme Court, in General Term, in the first district, affirming decree of the surrogate of the city and county of Sew York. The appellant, one of the-executors of the last will and testament of Stephen B. Munn, deceased, at the special written request of his co-executors, containing an assurance that he would be entitled to a reasonable and just compensation out of the estate, had rendered important and useful services as counsel in defending an action involving the liability of the estate to a large amount. Several of the legatees had also united in a request,…
1Opinion of the CourtWoodruff, J.
The propriety of the payment to Mr. Collier, the appellant, of the sum claimed for his valuable services as counsel, in the protection of the estate from heavy loss, by defending the action referred to in these proceedings, could not be questioned, if there was no settled rule and no manifest policy which forbade it; and in this particular case, upon the facts disclosed, if an exception could be' made to what I conceive to be a wise and well settled rule, I should be disposed to make it an exception.
But I cannot perceive that services of counsel stand upon any other footing than any services…
2Cases cited3 opinions
- Vanderheyden v. VanderheydenNew York Court of Chancery · 1830
- In re Bank of NiagaraNew York Court of Chancery · 1836
- Clinch v. EckfordNew York Court of Chancery · 1840
3Cited by70 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- Smith v. . City of AlbanyNew York Court of Appeals · 1875
- Betts v. BettsNew York Supreme Court · 1878
- Stearns v. AbbottCalifornia Supreme Court · 1926
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