In re the Estate of Chodikoff

A. Franklin Mahoney, S.

This is a motion to vacate a prior order of this court dated July 21, 1967. The order of July 21 directed the payment of the sum of $1,000 to the attorney for a legatee under the will of Israel Chodikoff for services rendered in connection with a construction proceeding wherein estate tax liability pursuant to section 124 of the Decedent Estate Law (EPTL 2-1.8) was determined. (Matter of Chodikoff, 50 Misc 2d 86.) Application for the fee was made under section 231-a of the Surrogate’s Court Act and was initiated by show cause order which directed service upon interested…