In the Matter of the Petition of Anna Belle Linch, as Executrix, etc., of George W. Linch, Deceased, Respondent, in Guaranty Trust Company of New York, Appellant, v. Second Avenue Railroad Company in the City of New York, Defendant

In the Matter of the Petition of Anna Belle Linch, as Executrix, etc., of George W. Linch, Deceased, Respondent, in Guaranty Trust Company of New York, Appellant, v. Second Avenue Railroad Company in the City of New York, Defendant. Appeal by the plaintiff from an order of the Supreme Court, entered in the New York county clerk’s office June 28, 1917, fixing the compensation of the deceased receiver of the Second Avenue Railroad Company of New York. [MAJORITY — Per Curiam:] Per Curiam: We are of opinion that the fees of the deceased receiver should be reduced by $25,000. After making the various deductions provided for in the order, from which the appeal is taken, the amount payable to the executrix would be $54,500. The plaintiff should not have been required to pay this recovery in the first instance, but the same should be a first lien upon the funds in the hands of the present receiver and entitled to priority in payment over everything except taxes and necessary current operating expenses. The order will be modified as above indicated, and as modified affirmed, without costs. Present — Clarke, P. J., Scott, Dowling, Smith and Page, JJ. Order modified as indicated in opinion and as so modified affirmed, without costs.