In re the Estate of Lydig
149 Misc. 598
N.Y. Sur. Ct.1933Check TreatmentCosts taxed. No allowance for counsel fees after appeal can be made except to an executor, administrator, guardian or trustee. (Surr. Ct. Act, § 278.) In my opinion the provision of section 278, authorizing the surrogate to make an allowance for counsel fees where a construction of a will is involved, applies only to the original decree in such proceeding.
Insert appropriate amounts in order on remittitur and resubmit the same for signature.