Legal Opinion
In re the Judicial Settlement of the Accounts of the Committee of Longo
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1929PublishedCited by 2 opinions
1Per curiam
Sections 1376 and 1378 of the Civil Practice Act and section 285 of the Surrogate’s Court Act furnish the only statutory authority for granting commissions or compensation to committees Of incompetents. The allowances made by the court at the time of the filing of the accounts and affidavits in the several Januarys of 1922-1927, inclusive, were unauthorized. For no “ judicial settlements ” were then made and passed (Civ. Prac. Act, § 1376; Matter of Arnold, 76 App. Div. 126; Matter of Osgood, 119 Misc. 251.) Upon the final accounting the court had jurisdiction to make allowances for'…
2Cases cited9 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- White v. RankinAppellate Division of the Supreme Court of the State of New York · 1897
- In Re the Accounting of MaxwellNew York Court of Appeals · 1916
- In re ArnoldAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Judicial Settlement of the Account of Proceedings of GordonNew York Supreme Court · 1922
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3Cited by2 opinions
- In re the Estate of GarmesNew York Supreme Court · 1936
- In re the First Intermediate Judicial Accounting of First Bank & Trust Co. of UticaNew York Supreme Court · 1929