MATTER OF NICHOL


32 A.D.2d 541 (1969)

In the Matter of The Estate of Edna M. Nichol, Deceased. Peter Fosdick, Appellant; Caryl F. Hammerich, Cross Appellant; Ada Gannon, as Executrix of Edna M. Nichol, Deceased, Respondent

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

April 14, 1969


The latter's daughter cross-appeals from the portion of the decree which adjudged that out of said one-fourth share of the residuary estate the executrix shall pay counsel fees and disbursements in stated amounts to appellant's and cross appellant's respective attorneys. Decree modified, on the law, by striking out the first decretal paragraph thereof, which construed the "Fifth" article of the will, and by remitting the proceeding to the court below for the purpose of holding...

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