MATTER OF FAGAN


8 Misc.2d 1029 (1957)

In the Matter of The Estate of James E. Fagan, Deceased.

Surrogate's Court, Nassau County.

November 1, 1957.


Attorney(s) appearing for the Case

Snitow & Snitow for executors.

Hyer & Hartnett for Josephine Fagan.


JOHN D. BENNETT, S.

A notice of motion seeking "an order fixing an additional counsel fee" has been made by the executors, who are also the attorneys for the estate.

Presently pending before the court is the judicial settlement of the account which was restored to the calendar by order of this court.

The proceeding to fix attorneys' fees "shall be instituted by petition" (Surrogate's Ct. Act, § 231-a). It has been held improper to...

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