In re the Judicial Settlement of the Account & Supplemental Account of the Adirondack National Bank & Trust Co.

This is an appeal by Paul Smith’s College of Arts and Sciences, residuary legatee under the last will and testament of Phelps Smith, from a decree of the Surrogate’s Court, Franklin county. The appeal is solely from so much of the decree as provides for an allowance and payment to F. Ferris Hewitt of the sum of $35,000 as compensation and fees for services as attorney for the surviving executor, The Adirondack National Bank and Trust Company. No appeal has been taken by the executor and the only questions to be here reviewed are (1) the jurisdiction of the surrogate to fix and determine the…