142 N.Y.S. 286 | N.Y. Sur. Ct. | 1913
“I do feel that my individual interest should be looked after by one not connected or interested in the other two parties named.”
The moving papers do not show that Mr. Miller, the attorney retained by the two executors, had done anything in the course of his administration of the estate which would indicate a lack of ability to properly perform his duties as attorney for the estate, or that he-failed to render any services which were necessary in order to conserve the interest of the legatees. On the contrary, it appears that,, with the assistance of able and experienced counsel, he was at the time of Mr. Lane’s employment by the executrix administering the-affairs of the estate in a manner calculated to protect the interest of all the legatees. Under such circumstances I am inclined to think that the executrix did not have a right to retain another attorney to-assist in the administration of the estate, for payment of whose services she would be entitled to be reimbursed out of the assets of the-estate.
Since the Court of Appeals, in the Matter of Caldwell, 188 N. Y. 119, 80 N. E. 663, decided that, where it appeared that the attorneys originally retained by an executor had performed all the services-
The motion for reargument is therefore denied.