MATTER OF FITZGERALD v. WELLS


9 A.D.2d 812 (1959)

In the Matter of Edmund Fitzgerald, Appellant, v. Lott H. Wells, as Surrogate of St. Lawrence County Surrogate's Court, et al., Respondents

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

November 13, 1959


The respondent Harold Smith, as administrator, c.t.a., of the estate of one Mary Wert, instituted a proceeding before the respondent Surrogate Wells to have the appellant's fee for services to the estate as an attorney fixed. The appellant's fee had previously been paid without dispute but thereafter Surrogate Wells informed Smith that he considered the fee excessive. The appellant appeared specially and requested the Surrogate to disqualify himself which he refused...

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