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MATTER OF STECKMAN

11 A.D.2d 737 (1960)

In the Matter of the Accounting of Ben Steckman et al., as Executors of Jacob Calmus, Deceased. Cohen & Seigel, Individually and as Attorneys for Executors, Appellants; Fannie Calmus, Respondent

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

June 27, 1960

Decree insofar as appealed from affirmed, without costs.

While the executors' account alleges the "agreement" mentioned, Schedule C-1 thereof left the matter of the fixation of the attorneys' fees to the Surrogate under section 231-a of the Surrogate's Court Act. Under the circumstances, the Surrogate was free to determine for himself the fair and reasonable value of the services rendered by the attorneys. It appears that the Surrogate conducted a hearing, but we...

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