MATTER OF BERGER

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.