Legal Opinion

In re the final account of the of Turnbull

Essex County Surrogate's Court

Decided March 2, 1923PublishedCited by 2 opinions

1Opinion of the CourtFlannagan, J.

The court is unable to reach the conclusion, from the papers submitted, that the payment of $2,000 made to the New York attorneys, as attorney’s fees, and set forth in the account, was reasonable and. just.

It is the established practice before this court to apply to the court to fix the amount of counsel fees at the time the final account is submitted and before they are paid, and not to pay counsel fees in advance and then submit them for allowance in the form of an expenditure already made. A departure from the established practice, as was done in this case, is not looked upon with favor by…

2Cases cited4 opinions

  1. Randall v. . PackardNew York Court of Appeals · 1894
  2. Harland v. . LilienthalNew York Court of Appeals · 1873
  3. O'Neill v. CraneAppellate Division of the Supreme Court of the State of New York · 1901
  4. Town of Hempstead v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. In Re BloomerNew Jersey Superior Court Appellate Division · 1955
  2. In Re BloomerNew Jersey Superior Court Appellate Division · 1957

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