In re the Estate of Shipman

Cohalan, S.

This is an application by an attorney for a determination of the value of his services rendered to the estate and for an order directing payment therefor out of the funds of the estate. I have decided to adopt the opinion and findings of the referee and add this memorandum because of the doubt as to the jurisdiction of the surrogate to entertain the proceeding resulting from the decision of the Appellate Division in Matter of Connell, 196 App. Div. 639.

This kind of proceeding was first suggested by the Appellate Division, second department, in Matter of Rabell, 175 App. Div. 345.…