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 further proceedings in accordance herewith.
We are unable to determine from the decision herein precisely which of the services performed by the appellant the court found to be legal in nature to be compensated by fees and which services were executorial in nature and were compensated by commission. Accordingly, we remit the matter to the Surrogate to conduct a hearing to distinguish between the two types of services performed and to make findings in accordance with the criteria set forth in Matter of Freeman ( 34 N.Y.2d 1) as to the nature of the legal services performed and the fair and reasonable value thereof (see, Matter of Berger, 141 A.D.2d 639 [decided herewith]). Bracken, J.P., Brown, Rubin and Sullivan, JJ., concur.