In re the Est. of Dillon, 268 N.E.2d 646 (N.Y. 1971). · Go Syfert
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In re the Est. of Dillon, 268 N.E.2d 646 (N.Y. 1971). Cases Citing This Book View Copy Cite
ScopeOverruled by In Re Trust Created by Hyde: 1 citing opinion says overruled.
1 outright
How later opinions annotate it (1 example)
Counts are distinct citing opinions whose annotation names this case. The flag stays red when any point is no longer good law; the scope says how far that reaches.
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Cite for current doctrine: In re Trust Created by Hyde, 933 N.E.2d 194 (N.Y. 2010)
14 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: In re a Trust Created by Hyde, 61 A.D.3d 1018 (N.Y. App. Div. 3d Dep't 2009)
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28 N.Y.2d at 599 cited at this page1 citing case
  • In re a Trust Created by Hyde, 61 A.D.3d 1018 (N.Y. App. Div. 3d Dep't 2009).published
    Nevertheless, the Court of Appeals has held that “SCPA 2110 does not authorize payment for legal services rendered a party to be charged against the share of other individual parties” (Matter of Dillon, 28 NY2d 597, 599 [1971]).
Retrieving the full opinion text from the archive…
In the Matter of the Estate of Martin I. Dillon, Deceased. Mary D. McKean, Appellant; Morton Brauer, Respondent
New York Court of Appeals.
Feb 17, 1971.
Published opinion
268 N.E.2d 646
1971 N.Y. LEXIS 1563
Anthony B. Gataldo for appellant., Morton Brauer, pro se, respondent.
Cited by 7 opinions  |  Published

Order modified by striking out the direction charging counsel fees of respondent to appellant’s share of the estate, and, as so modified, affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, in the following memorandum: SCPA 2110 does not authorize payment for legal services rendered a party to be charged against the share of other individual parties. Accordingly, although appellant lost in this litigation, the legal fees of the executor as her adversary were not chargeable to her personally. The decision of the Surrogate in refusing to vacate probate was right on the merits.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitbl, Jasen and Gibson. Taking no part: Judge Burke.