In re the Accounting of Keck

Memorandum: We believe that the Surrogate was in error in disallowing, as a charge against the estate, the claim of appellants’ trial counsel for his services rendered in successfully defending the attack upon the will. It was not only the right of these executors, but their duty, to use all reasonable care and diligence to sustain the will and “ To prevent the intention of a testator from being frustrated”. (Matter of Dutcher, 251 App. Div. 184, 186.) While the record indicates that the trial counsel, although employed by the executors, was also attorney for them individually as legatees…