In re the Accounting of Gilchrist

The appeal from the decree is affirmed insofar as it concerns the fixation of counsel fees (ordering pars. 2, 3, 4, 5, 6 and 7). This is without prejudice to any claim or allowance of fees for services rendered in a proceeding pending in the Supreme Court, both in connection with the inter vivos trust and the tax problems.

It is not disputed that the ancillary executor received and retained as principal a sum slightly in excess of $100,000 in cash from April, 1952 to May, 1956. During that four-year period, he neither invested any part of that sum, nor did he arrange for its deposit in any…