Legal Opinion
In re the Estate of Hollinger
New York Surrogate's Court
Decided January 26, 1979Published
1Opinion of the Court
OPINION OF THE COURT
John D. Bennett, J.
In this proceeding the attorneys for the decedent’s former wife, whose claim under a separation agreement has been allowed, seek payment for services rendered by them in this litigation from the estate or from the executors individually on the ground that opposition to the payment of the claim was not made in good faith.
The separation agreement provides that the successful party *24is entitled to have the court or arbitrator determine whether the "losing party shall reimburse the successful party for all expenses of such litigation including attorney’s…
2Cases cited7 opinions
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
- Waxman v. WilliamsonNew York Court of Appeals · 1931
- General Lumber Corp. v. LandaAppellate Division of the Supreme Court of the State of New York · 1961
- In re the Estate of BardolAppellate Division of the Supreme Court of the State of New York · 1976
- In re the Estate of La GroveAppellate Division of the Supreme Court of the State of New York · 1969
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