In re Account of Regan
Appellate Division of the Supreme Court of the State of New York
Appeal by James Regan, as executor, etc.,- of John Feehan, deceased, from an order of the Surrogate’s Court of the county of New York, entered in the office of said surrogate on the 29th day of December, 1900, setting aside a certain satisfaction piece of a decree of distribution, and certain releases given by the distributees to an executor, on the ground that such releases and satisfaction piece were procured by the executor and given by the distributees in fraud of the…
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Appeal by James Regan, as executor, etc.,- of John Feehan, deceased, from an order of the Surrogate’s Court of the county of New York, entered in the office of said surrogate on the 29th day of December, 1900, setting aside a certain satisfaction piece of a decree of distribution, and certain releases given by the distributees to an executor, on the ground that such releases and satisfaction piece were procured by the executor and given by the distributees in fraud of the rights of the attorneys of the .latter in the proceeding in which the decree was entered. The order appealed from also…
1Opinion of the Court
Patterson, J.:
In effect the order appealed from is an adjudication by the Surrogate’s Court that a lien existed in favor of the attorneys upon the amounts directed to be paid by the executor and trustee to the testator’s children, and that the Surrogate’s Court has power or jurisdiction to enforce that lien as between attorney and client, and also has power to vacate and set aside releases given to an executor and trustee by the distributees entitled under a decree of distribution, to an extent sufficient to discharge the lien of the attorneys upon the distributive shares of the persons whose…
2Cases cited2 opinions
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Matter of HendersonNew York Court of Appeals · 1898
3Cited by4 opinions
- In re Last Will & Testament of EvansAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Judicial Settlement of the Account of ReganNew York Surrogate's Court · 1899
- In re Evans' WillAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Estate of FeehanNew York Surrogate's Court · 1901