General

In the Matter of the Petition of Ernest Hyde Holton and Frederick Smith, Respondents, to Render and Settle Their Account as Executors of Gene C. Holton, Deceased. Daisy Stanton Holton, Appellant

190 A.D. 955·New York Supreme Court, Appellate Division·1920·NY

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Opinion

In the Matter of the Petition of Ernest Hyde Holton and Frederick Smith, Respondents, to Render and Settle Their Account as Executors of Gene C. Holton, Deceased. Daisy Stanton Holton, Appellant. Decree of the Surrogate's Court of Kings county modified by fixing the amount of counsel fees at $1,000. The executors’ account is surcharged with the sum of $1,000, being the excess paid to the attorneys by the executors over and above the amount of $1,000, which we determine is a just and reasonable charge (Matter of Meng, 227 N. Y. 264, 269); and, as so modified, the decree is affirmed, without costs of this appeal. [MAJORITY] Jenks, P. J., Rich, Putnam, Black-mar and Jaycox, JJ., concur.