51 Misc. 2d 998 | N.Y. Sur. Ct. | 1966
In this accounting proceeding the surviving spouse herein contends that he is entitled to jewelry to be set off in accordance with section 200 of the Surrogate’s Court Act.
While the afore-mentioned authorities are correct in that jewelry is not an item enumerated under subdivisions 1, 2 and 3 of section 200 of the Surrogate’s Court Act, this court, notwithstanding the authorities, finds that jewelry is “ other personal property ’ ’ under subdivision 4 of section 200 of the Surrogate’s Court Act, and the surviving spouse is entitled to same.
The court has carefully reviewed all of the services performed by the attorney or the general guardian and fixes his fee in the amount of $250, inclusive of all disbursements. Said fee is to be paid out of estate assets.