In re the Construction of the Will of Hayden

Collins, S.

The attorneys for petitioners and the attorneys for' respondent Hayden, Stone & Co., ask allowances of counsel fees under section 278 of the Surrogate’s Court Act. The statute provides that when a “ decree is made in a proceeding to construe a will, * * * the surrogate may, in his discretion, allow to * * * any party to said proceeding, such sum as the surrogate deems reasonable for his counsel fees and other expenses necessarily incurred in such a proceeding ”. Petitioners, former employees of Hayden, Stone & Co., instituted a proceeding for construction of the will. They made the…