In re the Judicial Settlement of the Account of Lydon

Finch, J.:

The appellant contends first that, inasmuch as the accounting was rendered necessary by the resignation of one of the trustees, and as this resignation was for said trustee’s own convenience, he should bear the expense. By stipulation of the parties, however, “ the questions in dispute between said parties have now all been adjusted, one alone excepted, namely the question of the power of the trustees to employ, and pay out of the funds of the trust estate, a counsel fee for the preparation of their account. * * * And it is further agreed that, as regards said sum of One Thousand…