In re White
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. In the matter of the application for funds of Josiah J. White, guardian of the person of Frederic Hall White, an infant. From an order refusing to vacate a prior ex parte order requiring the Long Island Loan & Trust Company, guardian of the property of the infant, to pay a retainer to the attorney of the guardian of the person, said company appeals.
1Per curiam
It was improper for the court to grant an order on the ex parte application of the guardian of the person requiring the guardian of the property of the infant to pay over money to the attorney of the former, and the motion to vacate the order so improperly made should have been granted. The petition on which the first order was granted does not set forth the nature of the services rendered and to be rendered with sufficient definiteness and certainty.
The order denying the motion should be reversed, with $io costs and disbursements, and the motion granted, with costs, but without prejudice to…
2Cited by2 opinions
- In re WhiteAppellate Division of the Supreme Court of the State of New York · 1903
- In re WhiteAppellate Division of the Supreme Court of the State of New York · 1903