100 N.Y.S. 1095 | N.Y. Sur. Ct. | 1906
Shortly before the death of -the testatrix, amd' shortly after she had executed a will in which she nominated-her son, George W. Archer, as one of the executors, she made a written assignment to said George W. Archer of accounts in a
The services of the attorneys, for which $425 was paid (5th finding of fact and conclusion O), were largely services not of a legal character which should have been performed by the-executor personally. They were all in connection with the adjustment and collection of $3,762 as a loss on a fire insurance-policy, 'and the repair and rebuilding of the insured property. A professional insurance adjuster, an architect and a builder were also employed and paid. There was no litigation whatever. The allowance on this claim of $218 made by the referee-is quite sufficient to cover all services of a kind for which a-lawyer should have been employed. The exception to this is overruled.
The item of $554.30 for services of counsel (8th finding and' conclusion F) is based upon a bill for $1,111.16, paid only to-the extent of $554.30. This bill is mainly for services rendered in a proceeding in this court commenced upon a petition of the executor to revoke the letters granted to his sister, the-executrix, which proceeding was not successful. Ho payment"
The item of $1,099.66 paid to Mr. Smith for services as an attorney, and allowed at $750- (9th finding and conclusion Gr) is based on a bill for a large amount. The bill conveys little information, and the oral evidence scarcely any, as to the nature of the services rendered, but I gather that some of the charges concern the unsuccessful attempt to revoke the letters of the executrix and are not allowable, on the principles already stated,, and that some of the others are of doubtful propriety. The exception to this item is sustained, and further evidence and hearing can be taken and had before me.
All other exceptions to the referee’s report are overruled. The further hearing before me may be noticed for July fifth, at ten-thirty a. m.
Decreed accordingly.