In re the Estate of Crouch
New York Surrogate's Court
Proceeding by petition of an attorney to enforce his lien as such attorney upon the estate in the hands of an executor.
1Opinion of the Court
Bewtoh, S.
Section 66 of the Code of Civil Procedure, as amended in 1899, applies to Surrogate’s Courts, and secures to an attorney a lien upon his client’s cause of action, claim or counterclaim, which attaches to a -decision or final order in a client’s favor and the proceeds thereof in whosoever hands they may come. The court has power on petition to determine and enforce the lien. Attorneys had such a lien, however, before the amendment of 1899. Matter of Regan, 167 N. Y. 338.
" Prima facie it is a right accruing through an implied contract.” It is not affected by the fact that the client…
2Cases cited4 opinions
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Arkenburgh v. ArkenburghNew York Supreme Court · 1899
3Cited by1 opinion
- In re Bender's WillAppellate Division of the Supreme Court of the State of New York · 1906