214 A.D. 323 | N.Y. App. Div. | 1925
The will of Josephine L. E. Hallock, deceased, was admitted to probate March 23, 1922. Letters testamentary were issued to Mrs. Jewett, the appellant, and to the respondent, Mr. Eisenhart, who were jointly named as executors therein. The gross amount of the estate is about $35,000. By the will the residuary estate
Formerly an executor who happened to be an attorney was not at liberty to charge the estate for legal services. Now, under section 285 of the Surrogate’s Court Act, he may receive compensation for legal services rendered in connection with his official duties. It is clear, however, that, the burden rests on him to establish the nature and extent'and value of the services performed by bim as an attorney as distinguished from those which the law requires him to perform as executor. The line of distinction need not be difficult to draw. The respondent himself on his cross-examination very well defined the distinction as follows: “What any layman could perform or was capable of .performing would be strictly executorial duties.” That rule has not been observed in this case.
As previously stated, respondent was paid for his services rendered prior to June 1, 1922. From June 2 until June 12, 1922, he says he “ worked almost continuously on matters pertaining to the
' The decree should be modified by reducing the amount awarded •respondent to $600 and the allowance of costs to $100, and as so modified affirmed, without costs. The court disapproves of the second and third findings of the surrogate and finds as a fact that the reasonable value of the services of respondent as an attorney, for which compensation has not been made, is the sum of $600.
Decree modified by reducing the amount awarded to respondent to $600 and the allowance of costs to $100, and as so modified unanimously affirmed, without costs. The court disapproves of the second and third findings of the surrogate, and finds as a fact that the reasonable value of the services of respondent as an attorney, for which compensation has not been made, is the sum of $600.