In re Estate of Potts — 241 N.Y. 593

Majority

p. 593

In the Matter of the Estate of Ida C. Potts, Deceased. Stephen F. Avery, as Executor and Trustee, Appellant; Alfred B. Chace et al., Doing Business under the Name of Chace Brothers et al., Respondents.

Headnote

Attorney and client — decedent’s estate — Surrogate’s Court — decree fixing compensation of attorneys for services to estate ■— Court of Appeals precluded by unanimous affirmance from consideration of value of services.

Matter of Potts, 213 App. Div. 59 , affirmed.

(Argued November 25, 1925;

decided December 15, 1925.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 6, 1925, which unanimously affirmed a decree of the Columbia County Surrogate’s Court fixing, under section 231-a of the Surrogate’s Court Act, the compensation of attorneys for services rendered the estate of Ida C. Potts, deceased.

Daniel V. McNamee for appellant.

John L. Crandell for respondents.

Order affirmed, with costs, on ground that the unanimous affirmance at the Appellate Division precludes the consideration of the value of the services.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.