Avery v. Chace (In re Estate of Potts)
| Decision Date | 15 December 1925 |
| Citation | 150 N.E. 568,241 N.Y. 593 |
| Parties | In the Matter of the ESTATE of Ida C. POTTS, Deceased. Stephen F. Avery, as Executor and Trustee, Appellant; Alfred B. Chace et al., Doing Business under the Name of Chace Brothers et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (209 N. Y. S. 655, 213 App. Div. 59), entered May 6, 1925, which unanimously affirmed a decree of the Columbia County Surrogate's Court fixing, under section 231-a of the Surrogate's Court Act (Laws 1920, c. 928, as added by Laws 1923, c. 526), the compensation of attorneys for services rendered the estate of Ida C. Potts, deceased.
Daniel V. McNamee, of Hudson, for appellant.
John L. Crandell, of Hudson, for respondents.
Order affirmed, with costs, on ground that the unanimous affirmance at the Appellate Division precludes the consideration of the value of the services.
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...by the Court of Appeals in this state as enunciated in Matter of Freeman, 34 NY2d 1 355 N.Y.S.2d 336, 311 N.E.2d 480 and Matter of Potts, 241 NY 593 150 N.E. 568. I might say, parenthetically, that the attorney fee approved was some $700 less than what would have been approved. I set these ......
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...(Matter of Potts, 123 Misc. 346, 205 N.Y.S. 797 [Sur Ct, Columbia County 1924], affd213 App.Div. 59, 209 N.Y.S. 655 [4th Dept 1925], affd241 N.Y. 593 [1925];Matter of Freeman, 34 N.Y.2d 1 [1974] ). In discharging this duty to review fees, the court cannot apply a selected few factors which ......