In re the Estate of Ostrow

Delehanty, S.

Respondent here was attorney for deceased and in his behalf collected $8,000 as the proceeds of an action to recover for personal injuries to deceased. Respondent professes to have completely accounted for the fund in accordance with his retainer. The question presented is whether or not he still holds any funds of deceased.

Challenge is made by respondent to the court’s jurisdiction. That jurisdiction is sustained by Matter of Wilson (252 N. Y. 155). The money here reached respondent’s possession as the money of a chent held in trust. Respondent was entitled to have out of it…