In re the Estate of French

Hazleton, S.

Petitioner, the only heir at law of deceased, instituted this proceeding under section 137 of the Surrogate’s Court Act to acquire possession of the last will of deceased for purposes of prohate. Respondent is an attorney who allegedly rendered certain services on behalf of deceased in her lifetime, the remuneration for which is still due him. Among the papers of deceased which he still retains is the original copy of her purported last will and testament. He opposes the motion of petitioner on the ground that he has a retaining lien on the will.

The motion was argued before the…