In re Raymond

Martin, J.:

Philip Smith died in New York county on the 15th day of October, 1922. On October thirty-first following, the petitioner was retained by the appellants, next of kin of the deceased, to contest the probate of the will. A contract of retainer was executed by which he was to be compensated as indicated by the following extract: “ * * * in the event of a successful contest and the breaking of the will he shall receive one-half of the increase in the amount I shall receive over and above the will provision, that is, he shall receive one-half of the amount secured for me as the result of…