In re the Judicial Settlement of Account of Sternberg

Schulz, S.

In this accounting proceeding the executor was also an attorney and counselor at law, and as such is entitled to be allowed compensation for his legal services. (Surrogate’s Court Act, § 285.) The same have been fixed by agreement between the parties at the sum of $750, which amount I do not deem excessive, and the decree may provide for the payment thereof.

There is also involved a question of construction. It appears that by item “ fourth ” of his will, and subject to the execution of a power of sale conferred upon the executor, the decedent gave and devised to the person there…