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MATTER OF DOWD

74 A.D.2d 570 (1980)

In the Matter of The Estate of Kelvin J. Dowd, Deceased. Arthur J. Rouse, Appellant; Grace C. Dowd, as Executrix of Kelvin J. Dowd, Deceased, Respondent

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

February 4, 1980

Decree modified, on the facts, by increasing the attorney's compensation to $2,500 with the remainder to be refunded to the executrix. As so modified, decree affirmed, without costs or disbursements.

The reduction ordered in the attorney's fee constituted an abuse of discretion to the extent indicated. The Surrogate should have compared the fee agreed upon with the customary fee attorneys charge for similar services (see Matter of Freeman,

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