MATTER OF REARDON


37 Misc.2d 348 (1962)

In the Matter of The Estate of Joseph P. Reardon, Deceased.

Surrogate's Court, Nassau County.

November 21, 1962


Attorney(s) appearing for the Case

Bernard Perlman and Martin Kingsley for contestants. Francis P. McQuade and Jack Korshin for proponents. Louis J. Lefkowitz, Attorney-General (Louis E. Cooper of counsel), for Brooklyn State Hospital.


JOHN D. BENNETT, S.

The attorney for the unsuccessful contestants applies on the submission of a decree and counter-decree for a fee from the estate and costs and disbursements.

The attorney for a distributee will not generally be awarded a fee from the estate unless there is a clear demonstration that the estate has benefited (Matter of Cannariato, 159 Misc. 409, and cases there cited).

The argument of counsel for the contestants...

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