In re Kosch — 253 A.D. 919

Majority

p. 919

In the Matter of the Application of Kosch, Lewis & Reuben, Attorneys, to Have Fixed and Determined Their Compensation for Professional Services Rendered by Them to Charles Arthur McKevett, Both as a Distributee and as Administrator, etc., of Bert McKevett, Deceased. Charles Arthur McKevett, Individually, Appellant; Kosch, Lewis & Reuben, Attorneys, Respondents. In the Matter of the Application of Kosch, Lewis & Reuben, Attorneys, to Have Fixed and Determined Their Compensation for Professional Services Rendered by Them to Charles Arthur McKevett, Both as a Distributee and as Administrator, etc., of Bert McKevett, Deceased. Charles Arthur McKevett and Etta Spring McKevett, as Administrators, etc., of Bert McKevett, Deceased, Appellants; Kosch, Lewis & Reuben, Attorneys, Respondents.

(Appeal No. 1.)

(Appeal No. 2.)

(Appeal No. 1.) Order of the Surrogate’s Court of Suffolk county, denying on reargument the motion of Charles Arthur McKevett, individually, for a jury trial in a proceeding under section 231-a of the Surrogate’s Court Act, reversed on the law, with ten dollars costs and disbursements, payable out of the estate, and motion granted. (Appeal No. 2.) Order denying on reargument the similar motion of the administrators reversed on the law, with ten dollars costs and disbursements, payable out of the estate, and motion granted. In the opinion of this court, a party to such a proceeding is entitled to a jury trial as a matter of right. The earlier eases to the contrary must be deemed to have been overruled by Matter of Matheson ( 265 N. Y. 81 ). Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

Cases cited

In re Estate of Matheson 265 N. Y. 81 N.Y. 1934-07-03 p. 919