In re Proving the Last Will & Testament of Foreman 240 A.D. 961

Order modified by fixing the amount of lien at five per cent, and as so modified affirmed, without costs. No opinion. Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.; Martin, J. dissents and votes to reverse on the ground that there is no basis whatever for fixing the value of the services or the conclusion reached by the surrogate. (See Matter of Frame, 238 App. Div. 811.) Untermyer, J., dissents and votes for affirmance.