Opinion
May 15, 1933.
Stewart Shearer, for the United States Trust Company of New York, executor, etc., of the decedent.
Abram Glaser, special guardian for infants Julia D. McIlvaine and Diana McIlvaine, appellants.
Henry B. Closson, for Elizabeth Ellen Richardson and others, appellants.
Joseph Potts, for Tompkins, McIlvaine and others, appellants.
Evarts, Choate, Sherman Leon, for Edward P. and Mary P. Beckwith, as executors, etc., respondents. Winthrop, Stimson, Putnam Roberts, for the Lenox Library Association, respondent.
Harrison, Elliott Byrd, for the Society of St. Johnland and others, respondents.
Barry, Wainwright, Thacher Symmers, for the American Society for the Prevention of Cruelty to Animals, respondent.
Gerald Donovan, for the New York Society for the Prevention of Cruelty to Children, respondent.
Jackson, Fuller, Nash Brophy, for the St. Luke's Home for Aged Women, respondent.
George H. Fox, for the St. Mary's Hospital for Children, Inc., and Bide-a-Wee Home Association, Inc., respondents.
George N. Whittlesey, for the Children's Aid Society, respondent.
Milbank, Tweed, Hope Webb, for the New York Association for Improving the Condition of the Poor, respondent.
King, Barr Robbins, for the St. Luke's Hospital in the City of New York, respondent.
Walter W. Law, for the Little Missionary's Day Nursery, respondent.
Butler, Wyckoff Reid, for the Stuyvesant Square Hospital, etc., respondent.
Sage Schoonmaker, for the Young Men's Christian Association of the City of New York, respondent.
Curtis, Fosdick Belknap, for the Young Women's Christian Association of the City of New York, respondent.
Zabriskie, Sage, Gray Todd, for the Prison Association of New York, respondent.
Olvany, Eisner Donnelly, for the Honor Emergency Fund of the Fire Department of the City of New York, respondent.
Armin H. Mittlemann, for James Eckford DeKay.
Costs taxed. No allowance for counsel fees after appeal can be made except to an executor, administrator, guardian or trustee. (Surr.Ct. Act, § 278.) In my opinion the provision of section 278, authorizing the surrogate to make an allowance for counsel fees where a construction of a will is involved, applies only to the original decree in such proceeding.
Insert appropriate amounts in order on remittitur and resubmit the same for signature.