Matter of Pitney
New York Court of Appeals
Appeal from' an order of the' Appellate Division of the Supreme Court in the first judicial department, entered July 5, 1906, which modified and affirmed an order of Special Term granting the application of Henry C. Pitney and James M. Halsted to he discharged as trustees under .the will of Catharine C. Halsted, deceased, settling their accounts and appointing a new trustee.
1Per curiam
The selection of a new or substituted trustee rested in the discretion of the Supreme Court and is not subject to review by this court.
It is-extremely doubtful, to say the least, whether the infant has any interest in the corpus of the trust fund. Therefore, the compensation for the services of the guardian was necessarily limited to taxed costs and the court was not authorized to make him an allowance. (Matter of Holden, 126 N. Y. 589 ; Matter of Robinson, 40 App. Div. 30 ; affd., 160 N. Y. 448.)
The order appealed from should be modified so as to strike out the allowance to the guardian ad…
2Cases cited3 opinions
- Matter of Application of HoldenNew York Court of Appeals · 1891
- In re the Final Judicial Settlement of the Accounts of RobinsonAppellate Division of the Supreme Court of the State of New York · 1899
- In Re the Final Judicial Settlement of the Accounts of RobinsonNew York Court of Appeals · 1899
3Cited by6 opinions
- Spencer v. . SpencerNew York Court of Appeals · 1916
- E. E. Souther Iron Co. v. Woodruff Realty Co.Missouri Court of Appeals · 1913
- In re the Estate of ChapalNew York Surrogate's Court · 1934
- In re the Judicial Settlement of the Proceedings of MontgomeryNew York Surrogate's Court · 1917
- In re the Estate of WardmanNew York Surrogate's Court · 1935
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