In re the Estate of Safer

John D. Bennett, S.

This is a proceeding pursuant to section 231-a of the Surrogate’s Court Act to fix the fee of Joseph D. Di Napoli, Esq., for services rendered to the estate in connection with the contested probate.

The contest resulted in a directed verdict in favor of the will, but a verdict by the jury that the decedent lacked testamentary capacity as to the codicil.

Mr. Di Napoli’s clients are named as beneficiaries in the codicil and are apparently taking an appeal from the adverse determination.

*1006Mr. Di Napoli argues in Ms papers that the failure of the executor named in the will to…