Appellate Division of the Supreme Court of New York, 1958

In re the Accounting of Brown

In re the Accounting of Brown
Appellate Division of the Supreme Court of New York · Decided November 17, 1958
7 A.D.2d 645; 181 N.Y.S.2d 185; 1958 N.Y. App. Div. LEXIS 4217
In re the Accounting of Brown

Opinion of the Court

Appeal (1) from *646so much of a decree of the Surrogate’s Court, Richmond County, judicially settling the administrator’s account, as fixed appellant’s fee at $2,000, and (2) from an order denying a subsequent application on additional facts for similar relief, or for alternative relief. Appellant claimed his fee was fixed by the terms of a written retainer between him and the attorney in fact acting under a power of attorney for distributees residing in Russia. The subsequent application was based upon a written confirmation executed by two of the three distributees after appellant’s services had been fully rendered. Decree insofar as appealed from and order unanimously affirmed, without costs. No opinion. Present — Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ. [5 Misc 2d 657.]

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