Year: 1877

The legal dance in tho Danser will case having como
10 sudden end by the concurrent assent OF all par


lies concerned now comes the necessity OF paying the
ppers On this question counsel appeared bo-
lore Surrogate Calvin yesterday to make suggestions
n 10 what the amount Of the respective allowances
should be- Each Of the counsel for tho various socle


lies entitled Iegacies stated to the Court The amount
of services no had performed as guide TO nxing MS
amount of allowances and all seemed to concur In the
opinion that they should DO graaed according to the
amount OF the bequcsl involved 1t conceded by all
fees OF Messrs Townsend, Dyet and Goldsmith
Who on the part of the bear the brunt Of
he aght should be fully proportoned to the extent OF
the services Tho Messrs Bartlett, who had succeeded
In the litigation behalf of The of kin OF the de-
ceased lady said they would without further state
meut OF their services leave the amount Of their allow
anco rest the judgment and discretion OF tho Surro
yate In the Of the various satemcnts and sug
gestons this subject came out in the remarks OF
Mr. Dyett, that grievously wrongcd did Nj.
jeremiah the residunry legatec In tho will, feel
by what he doomed the unfoundcd charge OF
having unduy Influenced the deceased lady
10 mako large bequest In his
favor, OF which bequest he now surrenders undor
the settlement, that his health was affected by IT, In
rcpy 10 what had been said by all the counsel, Surro
gale Calvin after complimentng the parties Tor having
put an by mutual agreement 10 what might other
have been a long and expensive litigation,
said that under the statute, had the contest con.
tinucd 10 the end, tho most that could have been
allowed to counsel representing the legatees would oo
FIVE per tho amount OF the legacy Thus where


legacy oil S. 600 defended the most that counsel
eould expect any event would be $3.50


Here Mr.. John T.. Parsons, who represented be-
quest $40 O0O said II did not occur 10 him that he
would get any such allowance as i've per cent on the
amount; but, tho contrary, he would be we satis-
fed with two and half per cent at most, and oven
any less sum tho Srrrogate might think proper TO
allow.


The Surrogate continuing, said, With i've per cent
Is the limit the end Of the litigation, the TACT would
have TO be taken into consideration that the litigation
had been cut Short also the fact that all the legatecs
had TO make substantially tho same Defence and this
pecessitated consultation between aud mutual aid by
Tho various counsel that side OF the also tho
the counsel Tor tne executor, that he had
practically but ono defence 10 make. In reply To
a suggestion that the Iegaces should be paid TO
the societies entitled 70 them intact The Surrogate re-
marked that society employs counsel TO de-
fend interests is expected to pay for that SERVICE
As 70 the allowance counsel for the next Of kin,
whatever amount he might x, If deemed too little tor
tue importance OF the service rendered, II would not
prevent the next OF kin from increasing It to an
amount commensurate with the benefits which have
resulted TO them Much as he was inclined TO fully
reward faithful legal services he wanted to so grade
lhe allowances this that his decision would
stand and form no precedent Tor future excessive
allowances. To-day tue Surrogate will render his de-
cision fixing the amounts.