MATTER OF ADLER


285 A.D. 889 (1955)

In the Matter of The Estate of Theodore R. Adler, Deceased. Arthur A. Low et al., Doing Business as Cooperman & Low, et al., Appellants; Bernard J. Rubenstein, as Special Guardian for Unknown Persons, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 7, 1955.


Decree of the Surrogate's Court, Kings County, insofar as appealed from, affirmed, without costs.

Under section 231-a of the Surrogate's Court Act, allowance of counsel fees can be made only if there are general funds of an estate or funds of a legatee or distributee in the hands of a representative of the estate. Here the executor had died at the time the appellants applied for an allowance. He had been discharged by performance of the directions in the decree settling...

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