In re Cooke — 121 N.Y.S. 1128

Majority

p. 1128

In re COOKE.

(Supreme Court, Appellate Division, Second Department.

March 4, 1910.)

Headnote

In the matter of the application of Andrew J. Cooke, as sole surviving executor, etc., of Martha Fries, deceased, to compel Edwin D. Hamlin to pay over certain moneys.

Order modified, by fixing the appellant’s fees at the sum of $500, and by directing that he pay one-half of the disbursements of the reference, and that he pay to Cooke, the executor, the balance of the money, without interest, and, as so modified, affirmed, without costs to either party.

HIRSCHBERG, P. J., votes to affirm the order, with $10 costs and disbursements.