16 Misc. 651 | N.Y. Sur. Ct. | 1895
This is an accounting by a testamentary trustee. Upon objections- filed a reference was ordered. Upon the hearing proof was made as to one item which bad been objected to and tbe objection was withdrawn, and as to another contested item it was admitted that it should be allowed. As to all the other items excepted to, it was conceded by tbe accountant that, tbe objections should be sustained with the exception of certain payments claimed to have been made to counsel for legal services. As to these tbe contest proceeded and the referee has allowed them to the accountant. Exceptions to such allowances were duly filed and are now insisted on. No bills for the alleged' services were ever rendered to tbe trustee, nor is there any competent evidence of any of tbe details of the work done, and there are no vouchers for the payments produced except certain checks, which are drawn to the order of and indorsed and appear to have been collected by these attorneys, or one of them. Their aggregate is much larger than the amount which the accountant asks to be allowed to her here, but this is sought to be ex
As above stated, no details of the services for which the contested payments were here made are furnished. It is shown that the trust estate embraced certain houses in this city; that the trustee did not live here; that she was inexperienced in business matters; that she did not, and, she claims, under the circumstances could not, be expected to personally take charge of these buildings; that she employed an agent to look after them, collect rents, etc.; that orders were made by the. Board of Health which required this agent to see her attorney frequently; that she made payments to the trust beneficiaries through the latter, and that she sought his professional advice repeatedly; but all this is mere generalization, no proof of the value of the services given, no dates furnished, no particulars of the time spent, of the labor performed, nothing from which any court can put a value upon the work and say it is just and reasonable, or in fact upon which any professional witness could fairly predicate any opinion as to the actual work done,
Exceptions sustained.