Ordered that the decree is reversed insofar as appealed from, with costs payable by the estate, and the matter is remitted to the Surrogate's Court, Queens County, for a hearing and new determination as to the nature of the legal services performed and the fair and reasonable value thereof (see, Matter of Rees, 141 A.D.2d 649 [decided herewith]). Bracken, J.P., Brown, Rubin and Sullivan, JJ., concur.