In re the Estate of Koerner

Wingate, S.

The court is thoroughly sympathetic with the desires of the special guardian for unknown distributees to protect the interests of those whom he represents to the maximum extent possible. It is, however, unable to aid him in either of the modes sought.

It is thoroughly established that a court is ordinarily powerless to grant a request for the issuance of an open commission unless the applicant therefor shall undertake the payment of the reasonable costs and expenses thereof. (Grant v. Booth & Co., 119 App. Div. 918; Matter of Interocean Mercantile Cory., 207 id. 164, 166; Chaskin v.…