219 A.D. 530 | N.Y. App. Div. | 1927
The jurisdiction of the surrogate to direct payment of counsel fees is defined by section 231-a of the Surrogate's Court Abt. His power thereunder is to direct payment “ from the estate generally or from the funds in the hands of the representative
The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion to vacate granted, with ten dollars costs.
Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, and proceeding remitted to the Surrogate’s Court for further action in accordance with opinion.