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MATTER OF HAYDEN

200 Misc. 758 (1951)

In the Matter of the Construction of The Will of Charles Hayden, Deceased.

Surrogate's Court, New York County.

September 17, 1951.

Attorney(s) appearing for the Case

Walter D. Fletcher, Robert Gerstenlauer and N. Loring Bowen, Jr., for Sarah Abrams and others, petitioners.

William Fitz Gibbon and Frank F. Stumpf for Herbert G. Bell and others, individually and as copartners in Hayden, Stone & Co., and another, respondents.

William M. Parke, George W. Whiteside, Charles Pickett and Melvin D. Goodman for Charles Hayden Foundation, individually and as a limited partner of Hayden, Stone & Co., and others, respondents.

Nathaniel L. Goldstein, Attorney-General (Corning G. McKennee of counsel), respondent, in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.

COLLINS, S.

The attorneys for petitioners and the attorneys for respondent Hayden, Stone & Co., ask allowances of counsel fees under section 278 of the Surrogate's Court Act. The statute provides that when a "decree is made in a proceeding to construe a will, * * * the surrogate may, in his discretion, allow to * * * any party to said proceeding, such sum as the surrogate deems reasonable for his counsel...

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