Legal Opinion
In re the Estate of Smith
New York Surrogate's Court
Decided April 2, 1938PublishedCited by 20 opinions
1Opinion of the Court
Wingate, S.
In Matter of Hirsch (154 Misc. 736, 739) this court observed: “It is well established that where the services of the attorney have resulted in benefit to the estate as a whole, the payment to him should be made from the entire fund and not merely from the distributive interest of the person on behalf of whom he primarily acted.”
As authority for this statement, reliance was placed upon Matter of Lounsberry (226 App. Div. 291, 293) and certain judicial utterances contained in the opinions in Matter of Frame (152 Misc. 475, 478); Matter of Rosenberg (147 id. 517, 521; affd., 241 App.…
2Cases cited20 opinions
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Pardee v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Flynn v. . McDermottNew York Court of Appeals · 1905
- Calhoun Gold Mining Co. v. Ajax Gold Mining Co.Supreme Court of Colorado · 1899
- In re the Estate of EbbetsNew York Surrogate's Court · 1933
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In re the Estate of BellingerAppellate Division of the Supreme Court of the State of New York · 1977
- In Re KellerOhio Court of Appeals · 1989
- Park v. ChessinNew York Supreme Court · 1976
- In re the Estate of GellerNew York Surrogate's Court · 1938
- Barbour v. BarbourSouth Dakota Supreme Court · 1961
15 more not listed; retrieve them via the Exa API.