Legal Opinion

In re the Estate of Crouch

New York Surrogate's Court

Decided August 15, 1903PublishedCited by 1 opinion

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

  1. Goodrich v. . McDonaldNew York Court of Appeals · 1889
  2. In the Matter of the Application of KnappNew York Court of Appeals · 1881
  3. In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
  4. Arkenburgh v. ArkenburghNew York Supreme Court · 1899

3Cited by1 opinion

  1. In re Bender's WillAppellate Division of the Supreme Court of the State of New York · 1906

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