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MATTER OF RAFTERY

286 A.D. 803 (1955)

In the Matter of the Accounting of Edward C. Raftery et al., as Surviving Executors and Trustees under The Will of Maurice A. Shea, Deceased, Respondents-Appellants. Margaret L. Shea et al., Appellants-Respondents; O'Brien, Driscoll & Raftery et al., Respondents-Appellants, and Thomas E. Shea, as Trustee under The Will of Maurice A. Shea, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 7, 1955.

Decree affirmed.

COHN, J. (dissenting in part).

The decree of May 21, 1953, did not fix and defer payment of the compensation of the Referee. It allowed the amount fixed and directed that it was "to be paid out of the assets of this estate". The executors needed no more authority than was contained in the decree in order to properly make payment. As a consequence interest should be allowed on the amount awarded from the date of the decree (

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