In re the Estate of Pearson

Millard L. Midonick, S.

The successor executor and trustee has rendered a second intermediate account. He petitions for the approval of a settlement agreement, the allowance of attorney’s fees, and the determination of certain claims against the estate. One of the claims, involving the fee of a Connecticut attorney, was settled by stipulation. The sole remaining claim, by the Sheriff of New York County, raises the question of when does a settlement make a petitioner liable to the Sheriff for statutory poundage.

The successor executor, Bathkopf, in 1959 obtained a surcharge against Harlow S.…