Majority
p. 795In the Matter of Home Title Insurance Company. In the Matter of a Plan by Mortgage Commission of the State of New York with Respect to a Mortgage Guaranteed by Home Title Insurance Company and Covering Premises Nos. 1289-99 East 19th Street, Borough of Brooklyn. (Plan No. 2082.) Manufacturers Trust Company, as Trustee under a Declaration of Trust Dated June 3, 1940, Appellant; Frieda D. Waters et al., Certificate Holders, et al., Respondents.
In a certificated mortgage reorganization proceeding, order, modifying an official referee’s report and approving the trustee’s account, etc., modified by striking therefrom the provisions for an allowance of $2,500 for services for appellant’s attorneys, rendered in and in connection with a Federal court proceeding, and by inserting provisions providing for $5,000 therefor. As thus modified the order, insofar as appeal is taken, is affirmed, with $10 costs and disbursements to appellant, payable out of the trust estate.
p. 796
The proof shows the fair and reasonable value of the services to be $5,000, as found by the official referee. Lewis, P. J., Hagarty, Johnston and Adel, JJ., concur; Carswell, J., not voting.