In re the Estate of Rutherford

Fowler, S.

Upon the settlement of an order on remittitur from the Court of Appeals a question arises as to the 'power of this court to award the special guardian for infant appellants compensation out of the estate.

The special guardian for the infants appealed from an order of the Appellate Division entered on a decision of that court to the effect that the word “ children ” as used in the eighth paragraph of the will of testator did not include grandchildren. The Court of Appeals affirmed the order of the Appellate Division, and therefore the infants represented by the special guardian are…