Legal Opinion

In re the Judicial Settlement of the Account of Cochrane

New York Surrogate's Court

Decided November 15, 1890PublishedCited by 1 opinion

Judicial settlement of the account of John W. Cochrane, administrator of the estate of William Smith, deceased.

1Opinion of the Court

The Surrogate.

The sole objection raised to the account under consideration is the item therein for services of counsel. The gravamen of the objection is that these services were rendered in a proceeding for an accounting, and that the personal representative is confined to sections 2561, 2562 of the Code of Civil Procedure, for remuneration of his counsel. In other words, that, without regard to the value of the services rendered, the character of the litigation, the size of the estate, the question of the amount involved, he can pay his counsel not exceeding $10 per day for the actual number…

2Cases cited15 opinions

  1. Willcox v. SmithNew York Supreme Court · 1858
  2. Collins v. HoxieNew York Court of Chancery · 1841
  3. Mygatt v. . WilcoxNew York Court of Appeals · 1871
  4. Vanderheyden v. VanderheydenNew York Court of Chancery · 1830
  5. In re LivingstonNew York Court of Chancery · 1842

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3Cited by1 opinion

  1. In re the Judicial Settlement of the Accounts of MitchellNew York Surrogate's Court · 1902

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