In re the Estate of Seabury

Fowler, S.

This is an application by a special guardian for an allowance under section 2748, Code of Civil Procedure, providing that “ A special guardian for an infant * * ® shall receive a reasonable compensation for his services to be fixed by the surrogate, payable from the estate or fund, or from the interest of the ward therein, or from both in such proportion as the surrogate may direct.” This section is new, and to my mind it must be so construed as to make it consistent with justice and proper precedent in this court. The legislature cannot b& presumed to have intended otherwise.

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