Legal Opinion

In Re the Estate of Montgomery

New York Court of Appeals

Decided December 31, 1936PublishedCited by 87 opinions

1Opinion of the CourtHtjbbs, J.

The claimant, Everett K. Van Allen, as attorney, entered into a contract with Marguerite Montgomery, as executrix of the will of James H. Montgomery, deceased, to perform certain services in the settlement of the estate for the sum of $5,000. Prior to the execution of that contract, he had performed some services for the estate but without agreed compensation. Prior to the death of the testator, he had acted as his attorney and held an unliquidated claim against his estate for services rendered upon which he claimed to be entitled to recover over $10,000. After the death of the testator, the…

2Cases cited8 opinions

  1. Martin v. . CampNew York Court of Appeals · 1916
  2. Matter of TillmanNew York Court of Appeals · 1932
  3. Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
  4. Matter of KrooksNew York Court of Appeals · 1931
  5. Matter of SnyderNew York Court of Appeals · 1907

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3Cited by87 opinions

  1. Lai Ling Cheng v. Modansky Leasing Co.New York Court of Appeals · 1989
  2. Rommy Revson, Plaintiff-Counterclaim-Defendant-Appellant v. Cinque & Cinque, P.C., Defendant-Counterclaimant-AppelleeCourt of Appeals for the Second Circuit · 2000
  3. Matter of CoopermanNew York Court of Appeals · 1994
  4. Cohen v. Grainger, Tesoriero & BellNew York Court of Appeals · 1993
  5. Mandel v. LiebmanNew York Court of Appeals · 1951

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