
    In the Matter of the Accounting of Burt Jackson, as Executor of Frank Jackson, Deceased, Appellant. Caroline Jackson, Respondent.
    
      Executors and administrators — when executor properly surcharged with portion of amount of expense incurred in defending validity of will and codicil.
    
    
      Matter of Jackson, 201 App. Div. 878, affirmed.
    (Argued April 18, 1923;
    decided May 8, 1923.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 7, 1922, which affirmed a decree of the Orleans County Surrogate’s Court settling the accounts of the executor of Frank Jackson, deceased. This appeal presented the single question: Can the surrogate after finding that attorneys’ services necessarily performed in the defense of the will and codicil were reasonably worth the sum of $2,000, reduce such charge against the estate to $800, leaving the executor to individually pay the remaining $1,200?
    
      Irving L’Hommedieu for appellant.
    
      S. Wallace Dempsey and Harry Cooper for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  