
    Matter of the Probate of the Will of Thomas W. Evans, Deceased.
    (Surrogate’s Court, New York County,
    February, 1901.)
    Attorney — Agreement, with clients contesting a will, affording him no right to continue the contest after they had compromised.
    An agreement, between an attorney and clients who proposed to contest a will, securing him, as a lien, a certain percentage of any amount or value that shall come to them from the estate of the deceased “ either as the result of legal proceedings, compromises, settlements or howsoever ”, and granting them the right to compromise at any stage of the case, affords him no right to continue the contest in the Surrogate’s Court after they have compromised with the executors of the decedent. His remedy is against his clients.
    Application by Mr. David Keane, for leave to file objections in his own behalf, on the theory that the agreement made by him ivith his clients, under which he appeared and acted for them, operated to transfer to and vest in him an undivided interest in the estate which would he destroyed if the will, alleged to he invalid, is admitted to probate.
    Wolcott G. Lane, for proponent.
    Crane & Lockwood, for E. J. Crane, individually and as executor.
    J. Roble Hayes, for David Keane.
   Thomas, S.

Hr. David Keane appeared as the attorney for certain of the heirs-at-law and next of kin of the decedent, and, in their behalf, filed objections to the probate of the paper propounded as his will. Thereafter his clients executed an agreement of compromise with the executors and consented to the withdrawal of their objections. Hr. Keane has already been heard on an application to cancel the objections of his clients, and this application has been granted, overruling his contention that he had a lien as an attorney, which gave him a right to continue the contest in the names of his clients. He makes the present application for leave to file objections in his own behalf, on the theory that the agreement made by him with his clients, under which he appeared and acted for them, operated to transfer to and vest in him an undivided interest in the estate which would be destroyed if the will, alleged to be invalid, is admitted to probate. As I construe this agreement, it is a stipulation on the part of the clients that the attorney shall receive 8 per cent. “ of any amount or value that may come to them and each of them from the estate of Thomas W. Evans, deceased, either as the result of legal proceedings, compromises, settlements or howsoever;” and for the purpose of securing the same, the clients assign an interest in the expectant recovery and give to the attorney a lien on their respective interests in the estate. A compromise of some sort was obviously contemplated, and the last clause of the instrument is in these words: It is further agreed that the parties of the second part (the clients) shall be at liberty at any stage of the case, either before, during or after suit commenced, to settle or compromise upon such terms as they may desire as to their respective interest.” The plain purpose of this provision was to reserve to the clients the exclusive right to pass upon the sufficiency of any settlement or compromise, and this reservation controls every other provision of the agreement. A settlement having been made by the clients, I find no right in the attorney to continue the litigation until it is fought out through the courts, or until the parties in interest shall pay him such price as he may demand. ITe doubtless has a lien on the amount stipulated to be paid to his clients, but his remedy was by the terms of his bargain confined to that, and it cannot be given him here. The questions as to whether the sum stipulated to be paid by the parties claiming under the will as a price for peace is adequate, or as to whether the terms of payment are reasonable, are not pertinent to this application. It is sufficient for the purposes of this application that the applicant has no standing in this court to contest the probate of the will.

Application denied.  