In re the Accounting of Bankers Trust Co.

George Frankenthaler, S.

In this proceeding for the settlement of the account of the successor trustee and for construction of the will applications for allowances on the construction have been submitted by the attorneys who appeared on behalf of persons interested in the estate. The Surrogate is authorized under section 278 of the Surrogate’s Court Act in a proceeding to construe a will “ in his discretion, [to] allow to an executor, trustee, guardian, or any party to said proceeding, such sum as the surrogate deems reasonable for his counsel fees and other expenses necessarily incurred ”.…