In re the Judicial Settlement of the Account of Proceedings of Carson

Majority

p. 971

In the Matter of the Judicial Settlement of the Account of Proceedings of Charles Carson, Acting as Administrator, etc., of James Carson, Deceased, etc., Appellant. Charles Carson, Individually, etc., and Lida S. Linge, Individually, etc., Appellants; James H. Hickey, Respondent.

Headnote

Appeal from so much of a decree settling administrator’s account as allows a claim for attorney’s fees and directs payment thereof.

The decree, in so far as it is appealed from, is reversed and the claim, of the respondent disallowed, without prejudice to any action he may bring for his services against his clients personally, With costs and disbursements to the appellants against the respondent. Present — Clarke, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ. Decree reversed and respondent’s claim disallowed without prejudice to any action he may bring, etc., with costs and disbursements to appellants against respondent. Order to be settled on notice.