In re the Estate of Sielcken

Foley, S.

The preliminary motion to dismiss the application brought by the attorney for the widow of the testator, the residuary legatee, to fix his compensation'under section 231-a of the Surrogate’s Court Act, for services rendered and to direct payment thereof out of the general funds of the estate, is granted in the exercise of the discretion of the surrogate and as a matter of law.

The services which are the basis of the petitioner’s application were rendered by him in an accounting proceeding of the executor of the estate. The petitioner was retained by the widow to repre*236sent her. On her…