In re the Estate of Levine

—Order, Surrogate’s Court, New York County (Renee Roth, S.), entered on or about January 20, 1998, which granted petitioner attorney’s application pursuant to SCPA 2110 for legal fees against respondent former client to the extent of awarding a fee of $40,000, unanimously affirmed, with costs.

Where an attorney is hired by a client who is both a cofiduciary and legatee of an estate, and performs services that benefit both the estate and the individual interests of the client, the Surrogate has jurisdiction, and indeed is in the best position, to parse the two types of services, and make an…