270 A.D. 820 | N.Y. App. Div. | 1946
In a discovery proceeding, decree of the Queens County Surrogate’s Court directing appellant to deliver to petitioner the sum of $750, with interest thereon, modified on the law and the facts by striking out the second ordering paragraph and by adding after the words “ together with interest thereon ” in the third ordering paragraph the following; “ at the rate of two per cent, per annum”. As so modified, the decree is unanimously affirmed, with costs to respondent payable by the appellant. Appellant was not entitled to retain moneys of the estate which he had received as compensation for legal services. The sum which appellant received was part of a fee of