Legal Opinion

In re Estate of O'Day

New York Surrogate's Court

Decided December 15, 1914PublishedCited by 4 opinions

Question of allowance to special guardian.

1Opinion of the Court

Fowler, S.

In an. accounting proceeding where there is no contest the parties ask, in behalf of a special guardian whose *342infants have no present interest in the estate in the hands of the accountants, my consent that compensation he allowed to him for the guardian’s services, payable out of the principal of the estate which belongs to others and in which his infants have no present interest. This application is sought to be justified by the new section (Code Civ. Pro., § 2748) enacted by the Surrogates’ Law of 1914, as follows: “ A special guardian for an infant or incompetent shall receive a…

2Cases cited9 opinions

  1. Westervelt v. . GreggNew York Court of Appeals · 1854
  2. Willcox v. SmithNew York Supreme Court · 1858
  3. Nodine v. GreenfieldNew York Court of Chancery · 1839
  4. In Re the Final Judicial Settlement of the Accounts of RobinsonNew York Court of Appeals · 1899
  5. In re the Judicial Settlement of the Accounts of StevensAppellate Division of the Supreme Court of the State of New York · 1906

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3Cited by4 opinions

  1. In re ThawAppellate Division of the Supreme Court of the State of New York · 1918
  2. In re FitterNew York Surrogate's Court · 1916
  3. In re the Estate of RutherfordNew York Surrogate's Court · 1918
  4. In re the Judicial Settlement of the Account of the Proceedings of Union Trust Co.New York Surrogate's Court · 1914

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