In re the Estate of Green

John J. McCall, S.

The respondent in this proceeding, who in his answer to the petition for probate asked for a construction of the will, has asked for an allowance for counsel fees. He makes this application at the foot of the decree to be submitted, the court having made a decision admitting the will to probate and construing the will. The petitioner objects to any allowance payable out of the estate and both parties have been heard in open court on the motion for an allowance.

Section 278 of the Surrogate’s Court Act provides that when a decree is made in a proceeding to construe a will, the…