In re the Estate of O'Rourke — 34 A.D.2d 929

Majority

p. 929

In the Matter of the Estate of Mary C. O’Rourke, Deceased. Grace B. Kochersberger et al., Appellants; Violette Marley et al., Respondents.

Decree entered January 5, 1970, unanimously modified, on the law and on the facts, to add to the allowance to counsel the sum of $600 as reimbursement for the fee of an accountant, with $50 costs and disbursements to all parties filing briefs, payable out of the estate, and otherwise affirmed. In the circumstances disclosed, we regard such fee as a proper expense. Concur — Eager, J. P., Capozzoli, McGivern and Markewich, JJ.