Majority
p. 730In the Matter of the Petition of Rose L. Schwobel, as Administratrix of Jane Rosenberg, Also Known as Jennie Rosenberg Langer, Jean Bergh and Jean or J. Hignell, Deceased, for an Order Directing Stanley S. Groggins, Esq., to Return to the Estate the Sum of $7,250 Paid to Him for Counsel Fees and Disbursements, and Fixing His Fee Pursuant to Section 231-a of the Surrogate’s Court Act. Stanley S. Groggins, Appellant; Rose L. Schwobel, Individually and as Administratrix, etc., and Paul G. Gravenhorst, Esq., as Special Guardian of Kate Lang, an Incompetent Person, Respondents.[1]
Decree of the Kings County Surrogate’s Court affirmed, with one bill of costs against appellant. No opinion. Young, Scudder, Tompkins and Davis, JJ., concur; Lazansky, P. J., dissents, being of opinion that the remedy of the administratrix was by action.