In the Matter of the Accounting of Irving Trust Company, as Trustee under the Will of Michael J. Degnon, Deceased, Respondent. Alfred E. Herz, as Assignee and Attorney for Mary M. Degnon, Appellant; Gertrude G. Degnon, as Committee of the Person and Property of Mary M. Degnon, an Incompetent Person, et al., Respondents

In the Matter of the Accounting of Irving Trust Company, as Trustee under the Will of Michael J. Degnon, Deceased, Respondent. Alfred E. Herz, as Assignee and Attorney for Mary M. Degnon, Appellant; Gertrude G. Degnon, as Committee of the Person and Property of Mary M. Degnon, an Incompetent Person, et al., Respondents. [MAJORITY] In a proceeding to settle the account of a testamentary trustee, the decree, inter alia, makes an allowance for legal services rendered by the appellant as attorney for the cestui que trust. Decree of the Surrogate’s Court, Queens County, insofar as appeal is taken, unanimously affirmed, without costs. No opinion. Present — Johnston, Acting P. J., Adel, Sneed, Wenzel and MaeCrate, JJ.