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In the matter of the estate of JOHN W. HERBERT, deceased.

1. Allowance of 3% to executors for handling the affairs of the estate, whose gross corpus is $4,857,510.27, affirmed.

2. Clements v. Clements, 129 N.J. Eq. 350, followed in making allowances to various counsel.

3. The right of the executors to enter into an agreement to pay the proctor for the estate a flat fee of 1%, as allegedly was done here, questioned.

PER CURIAM.

The order appealed from will be affirmed, for the reasons stated in the opinion filed in the Prerogative Court by Vice-Ordinary Egan.

For affirmance — THE CHIEF-JUSTICE, CASE, DONGES, HEHER, PORTER, COLIE, DEAR, WELLS, WOLFSKEIL, HAGUE, THOMPSON, JJ. 11.

For modification — PERSKIE, RAFFERTY, JJ. 2.

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IN RE HERBERT
(Jan 9, 1942)