Legal Opinion

In re Smith's Estate

New York Surrogate's Court

Decided November 15, 1890PublishedCited by 1 opinion

Settlement of the accounts of the administrator of William Smith, deceased. For reports of other proceeding in the matter of the estate of said decedent, see 4 N. Y. Supp. 467; 7 N. Y. Supp. 327,948. Code Civil Proc. § 2561, provides: “In a case other than one of those specified in the last section, the surrogate, upon rendering a decree, may, in bis discretion, fix such a sum, to be allowed as costs, in addition to the disbursements, as he deems reasonable, not exceeding,…

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Settlement of the accounts of the administrator of William Smith, deceased. For reports of other proceeding in the matter of the estate of said decedent, see 4 N. Y. Supp. 467; 7 N. Y. Supp. 327,948. Code Civil Proc. § 2561, provides: “In a case other than one of those specified in the last section, the surrogate, upon rendering a decree, may, in bis discretion, fix such a sum, to be allowed as costs, in addition to the disbursements, as he deems reasonable, not exceeding, where there has not been a contest, twenty-five dollars, or, where there has been a contest, seventy dollars, and, in…

1Opinion of the Court

Ransom, S.

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 or the amount involved, he can pay his counsel not exceeding $10 per day for the actual number of…

2Cases cited13 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. Harrison v. McAdamNew York Supreme Court · 1902

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