In re the Estate of Gibson

Joseph A. Cox, S.

Allowances have been requested by counsel under section 278 of the Surrogate’s Court Act. Payment of such compensation from the general estate is justified because the clarification of the will is beneficial to the entire estate. (Matter of Ablett, 3 N Y 2d 261, 279; Matter of James, 2 Misc 2d 468, 470.) Such allowances may be made for services rendered on the construction of the will; they may not be made for other services rendered to the client. (Matter of del Drago, 178 Misc. 325, affd. 264 App. Div. 718, affd. 289 N. Y. 601.) In fixing the amount of the compensation, the…