Legal Opinion

In re the Estate of DiFilippo

New York Surrogate's Court

Decided February 23, 1937PublishedCited by 4 opinions

1Opinion of the Court

Wingate, S.

This is a proceeding by the widow of this decedent against the administrator who was also her attorney in fact, for the judicial fixation of his compensation in the latter capacity and for a refund of any sum actually retained by him found to be excessive.

The decedent died in February, 1929. In September, 1931, the respondent, by virtue of his power of attorney, received from himself as administrator the sum of $1,600, representing the distributive share of the widow. He transmitted $800 thereof to her and retained the other $800 as his purported compensation as her attorney in…

2Cases cited9 opinions

  1. People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
  2. Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
  3. Harmony v. . BinghamNew York Court of Appeals · 1854
  4. Penniman's CaseSupreme Court of the United States · 1881
  5. Van Dyke v. WoodAppellate Division of the Supreme Court of the State of New York · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Buccino v. Continental Assurance Co.District Court, S.D. New York · 1983
  2. In re the Accounting of BrownNew York Surrogate's Court · 1957
  3. In re the Estate of SiegelNew York Surrogate's Court · 1948
  4. In re the Estate of GarrityNew York Surrogate's Court · 1938

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