In re the Estate of Reohr

OPINION OF THE COURT

The decedent died testate May 18, 1977. The appellants were appointed as coexecutors and on November 13, 1978 they filed their final account, together with a petition for approval. The residuary legatees filed objections to the amount of attorneys’ fees and executors’ commissions. The appellants responded with a motion, brought on by order to show cause, for summary judgment.

The Surrogate’s Court determined that the reasonableness of the attorneys’ fees was a matter for its discretion and that sworn testimony in affidavit form was inadequate to conclusively establish the…