In re the Accounting of Ogdensburg Trust Co.

Appeal from an order of the Surrogate’s Court of St. Lawrence County which denied the application of the petitioner-executor’s attorney, who is a brother of the Surrogate, for issuance by the Surrogate of a certificate of disqualification, by reason of consanguinity (Judiciary Law, § 14), upon the hearing of an application to fix attorney’s fees, made in a proceeding for judicial settlement and for construction of a will. By the action of the Surrogate himself in determining all the issues except the question respecting counsel fees and in thereupon entering a decree which disposed of all the…