In re the Accounting of Gruen

Faile, S.

Objections have been interposed to the executor’s account by a judgment creditor upon the grounds that attorneys ’ fees are excessive. The objectant also contends that the court costs recovered against the executor in an action by objectant are an administration expense and as such are entitled to a preference in payment over general creditors.

The testator died a resident of Westchester County on November 28,1950, and his will, dated May 30,1942, was duly admitted to probate by this court and letters testamentary thereon were issued February 5, 1951.

The decedent’s estate, as well as…