In re Estate of McGuire

Citations

• 106 A.D. 131
• 94 N.Y.S. 97

Syllabus

<p>Lien of an 'attorney on a deed of a decedent — where such ■a lien is claimed, an application hy the administratrix to compel its delivery should he dismissed.</p> <p>Assuming, without deciding, that an administratrix may, under section 2707 et seq. of the Code of Civil Procedure, compel the delivery to her of papers belonging to the decedent, including deeds of real property in which the decedent is named as one of the grantees, it is the duty of the surrogate, under section 2710 of the Code of Civil Procedure, to dismiss the proceeding, where the person having possession df such papers claims a lien thereon for services rendered by him as an attorney at law.</p> <p>An attorney at law has a lien upon the papers of a client in his possession, independent of the statutory lien given him by section 66 of the Code of Civil Procedure, which entitles him to retain such papers until his claim for services is. paid.</p>