In re the Accounting of Terry

Hazleton, S.

A question arises as to whether the value of specifically devised real estate may be considered in determining the amount of counsel fees which should be paid an attorney for his services in connection with an estate. The case of Matter of Wolf (97 N. Y. S. 2d 79 [Richmond Co., 1950]) is cited in support of the proposition that it may not be considered. Since the question seems to put undue emphasis on' one of several items to be considered in fixing an attorney’s fee, it seems well to first review the general rules involved.

The ultimate question in the determination of the amount…