The following excerpt is from Matter of Alexander, 200 Misc. 1105 (N.Y. Surr. Ct. 1952):
The agreement of retainer made by the administrator provided for payment to the attorney of 45% of the recovery had in the action. Two of the distributees have not filed any consent to the fixation of the attorney's fee. The other four distributees have executed duly acknowledged consents to the allowance of the attorney's fee as requested. As to the consenting distributees, their shares will be governed by said retainer (Ledyard v. Bull, 119 N.Y. 62, 75; Matter of Smith, 169 Misc. 615, 617; Matter of Shapiro, N. Y. L. J., Jan. 28, 1952, p. 373, col. 4; Matter of Brennan, N. Y. L. J., March 23, 1951, p. 1056, col. 5).
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