In re the Estate of O'Hara

Thomas, S.

The referee properly determined that the items in the account for moneys paid by the administrator for legal services rendered to him in the course of administration, having-been duly objected to, the burden rested upon the accountant to establish affirmatively, by common-law evidence, the necessity for such services and their value, and that, in the absence of" *426such evidence, they must be disallowed. Matter of Hosford, 27 App. Div. 427, 433; Matter of Peck, 79 id. 296; affd., 177 N. Y. 538; Journault v. Ferris, 2 Dem. 320, 325; Matter of Riley, 4 id. 333. The attorney, who is…