In the Matter of the Judicial Settlement of the Final Account of Proceedings of Margaret N. Taylor and Others, as Executors of William J. Taylor, Deceased, Respondents; Theron H. Sammis, as Special Guardian for Catherine Morrison Taylor, an Infant, etc., Respondent; W. Russell Osborn, Appellant

In the Matter of the Judicial Settlement of the Final Account of Proceedings of Margaret N. Taylor and Others, as Executors of William J. Taylor, Deceased, Respondents; Theron H. Sammis, as Special Guardian for Catherine Morrison Taylor, an Infant, etc., Respondent; W. Russell Osborn, Appellant. Motion to dismiss appeal denied, 259 N. Y. 578; affd., 259 N. Y. 645. [MAJORITY] Decree of the Surrogate’s Court of Suffolk county, in so far as appealed from, reversed on the law and the facts, without costs, and motion of appellant granted to the extent of allowing him $15,000, payable out of the estate; said amount to be inclusive of his services and the disbursements incurred by him in the performance of such services. In our opinion there was a reasonable basis on behalf of the estate for bringing the New York county action. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.