Legal Opinion

In re the Judicial Settlement of the Account of Parr

New York Surrogate's Court

Decided December 15, 1904PublishedCited by 6 opinions

Proceedings upon the judicial settlement of the accounts of trustees.

1Opinion of the Court

Silkman, S.

No formal objections are made to the account by the special guardian, nevertheless, he makes a detailed report upon certain expenditures hereinafter mentioned, and approves them as a charge against principal.

The better practice would have been for the special guardian to have made formal objections. As to the duty of special *443guardians, see Edsall v. Vandemark, 39 Barb. 589. Nevertheless, the court’s attention having been called to the items, as to which difference of opinion may exist, it becomes its duty as an auditing officer to act independently before approving and allowing the…

2Cases cited3 opinions

  1. Stevens v. . MelcherNew York Court of Appeals · 1897
  2. Stevens v. StevensNew York Supreme Court · 1894
  3. Edsall v. VandemarkNew York Supreme Court · 1863

3Cited by6 opinions

  1. In re the Estate of ShepardNew York Surrogate's Court · 1930
  2. In re the Estate of BadenhausenNew York Surrogate's Court · 1963
  3. In re the Estate of BielbyNew York Surrogate's Court · 1915
  4. Jacobs v. SteinbrinkAppellate Division of the Supreme Court of the State of New York · 1914
  5. In re the Estate of HeroyNew York Surrogate's Court · 1918

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