Majority
p. 635In the Matter of the Petition of Rosie Montag and Samuel Sprung to Render and Settle Their Account as Executors of Abraham Montag, Deceased. Rosie Montag, as Executrix, etc., of Abraham Montag, Deceased, and Others, Appellants; Samuel Sprung, as Executor, etc., of Abraham Montag, Deceased, Respondent.
Order of the Surrogate’s Court of Kings county denying motion to open decree in so far as it concerns the allowance of attorney’s fees affirmed, without costs. We are of opinion that the surrogate had power to open the decree for the consideration of the attorney’s services as the circumstances are presented by the record. We are also of opinion that the motion was properly decided on the merits. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.