In Matter of Dillon, 28 NY2d 597 (1971), the Court of Appeals held that Surrogate’s Court Procedure Act (SCPA) 2110 does not authorize the payment of legal services rendered to an executor to be charged against the share of the estate of the adversary beneficiary. The Dillon court relied upon the so-called “American Rule” that requires that all parties to litigation pay their own attorney’s fees as an incident of the controversy, unless there is an agreement between the parties or a statute or court rule providing otherwise. Matter of A.G. Ship Maintenance Corp. v. Lezak, 69 NY2d 1 (1986).
The long-term policy of our courts has been to grant access to litigants and to avoid placing barriers in the way of petitioners seeking redress for wrongs by enforcing the American Rule. Curiano v. Suozzi, 63 NY2d 113 (1984). However, in Matter of Hyde, the Court of Appeals specifically overruled Matter of Dillon, holding that SCPA 2110 grants the trial courts discretion to allocate responsibility for the payment of a fiduciary’s attorney’s fees.
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