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In the Matter of Jakobson

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 2003
304 A.D.2d 579 (N.Y. App. Div. 2003)

Opinion

2002-02422

Argued March 17, 2003.

April 7, 2003.

In three proceedings to settle final accounts of the Fleet Trust Company as co-trustee of the lifetime trusts of Ruth Jakobson and Irving D. Jakobson and as executor of the estate of Ruth Jakobson, the objectant, sole beneficiary, and distributee, Peder Jakobson, appeals from a decree of the Surrogate's Court, Nassau County (Riordan, S.), dated January 15, 2002, which awarded the co-trustee and executor's law firm $168,559.20 as an attorney's fee and $5,476.04 in disbursements.

Edward J. Sweeney, Melville, N.Y., for appellant.

Farrell Fritz, P.C., Uniondale, N.Y. (John P. McEntee and Walter J. Johnson of counsel), for respondent.

Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the decree is affirmed, with costs payable by the appellant personally.

The Surrogate has broad discretion in determining what constitutes reasonable compensation for legal services (see Matter of McCann, 236 A.D.2d 405; Matter of Vitole, 215 A.D.2d 765; Matter of Verplanck, 151 A.D.2d 767). No hard-and-fast rule exists by which it can be determined what is reasonable compensation for an attorney in any given case (see Matter of Vitole, supra; Matter of Bobeck, 196 A.D.2d 496; see also Matter of Potts, 213 A.D. 59). On the record before us, it cannot be said that the Surrogate's award was an improvident exercise of discretion.

The objectant's remaining contentions either are unpreserved for appellate review or without merit.

RITTER, J.P., SMITH, KRAUSMAN and RIVERA, JJ., concur.


Summaries of

In the Matter of Jakobson

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 2003
304 A.D.2d 579 (N.Y. App. Div. 2003)
Case details for

In the Matter of Jakobson

Case Details

Full title:IN THE MATTER OF IRVING D. JAKOBSON, DECEASED. PEDER JAKOBSON, appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 7, 2003

Citations

304 A.D.2d 579 (N.Y. App. Div. 2003)
757 N.Y.S.2d 466

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