Legal Opinion

Matter of Middlebrook

New York Court of Appeals

Decided May 23, 1939PublishedCited by 3 opinions

1Opinion of the Court

Crane, Ch. J.

The Appellate Division has certified the following question in allowing an appeal to this court: “ Did the Supreme Court have the power to impose the terms embodied in the order of August 26, 1938, as a condition to the surety’s discharge? ”

The condition referred to is the payment to the special guardian of an incompetent veteran of the sum of seventy- five dollars fixed and allowed by the order as his fees for his services as such special guardian in the accounting proceeding.

In March, 1925, Margaret Middlebrook was appointed committee of the estate of George Middlebrook, an…

2Cases cited2 opinions

  1. In Re the Estate of ThurberNew York Court of Appeals · 1900
  2. In re the American Surety Co.New York Surrogate's Court · 1908

3Cited by3 opinions

  1. In re EichnerAppellate Division of the Supreme Court of the State of New York · 1980
  2. Apollo Stationery Co. v. PilmarNew York Supreme Court · 1958
  3. In re the Estate of CalcagniniNew York Surrogate's Court · 1942

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