Legal Opinion
In re the Estate of Merrill
New York Surrogate's Court
Decided November 23, 1937PublishedCited by 3 opinions
1Opinion of the Court
Wingate, S.
The peculiar facts of the present case differentiate it substantially from the usual controversy respecting the fees of an attorney retained for the prosecution of a negligence action.
The original retainer, which was executed by the decedent, provided for the receipt by the attorney of fifty per cent of any verdict or settlement. This was a valid and binding agreement made inter vivos between competent persons over which, in the absence of fraud or other improper inducing cause, neither this, nor any other, court possesses any control. (Ward v. Orsini, 243 N. Y. 123, 127; Rodkinson…
2Cases cited8 opinions
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- In Re the Accounting of MengNew York Court of Appeals · 1919
- Ward v. OrsiniNew York Court of Appeals · 1926
- In re the Estate of WoolfsonNew York Surrogate's Court · 1936
- In re the Judicial Settlement of the Account of Proceedings of HoffmanAppellate Division of the Supreme Court of the State of New York · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Estate of RaphaelCalifornia Court of Appeal · 1951
- Mirasola v. RodgersWest Virginia Supreme Court · 1938
- In re the Accounting of HarveyNew York Surrogate's Court · 1951