Legal Opinion

In re the Estate of Fantel

New York Surrogate's Court

Decided September 9, 1958PublishedCited by 1 opinion

1Opinion of the Court

John D. Bennett, S.

The applicants, the executors of this estate, seek by notice of motion the substitution of a new attorney for the estate, the fixation of the fees of the former attorney for the estate, and the delivery of all estate papers and records held by such former attorney.

There appears to be no proceeding pending in this court in which a substitution of attorneys could be effected. The petitioner is evidently unaware that in the absence of a pending proceeding he is not obliged to ask for a substitution of attorneys, but may discharge his attorney at any time. The proceeding to fix…

2Cases cited3 opinions

  1. In re the Estate of RosenbergNew York Surrogate's Court · 1935
  2. In re the Estate of DixNew York Surrogate's Court · 1932
  3. In re the Estate of FaganNew York Surrogate's Court · 1957

3Cited by1 opinion

  1. In re the Estate of TheirichNew York Surrogate's Court · 1958

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