In Re the Probate of the Will of Budlong
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made July 8, 1884, which reversed an order of the surrogate of Monroe county, granting an allowance for compensation, fees and disbursements to a special guardián. (Reported below, 33 Hun, 235.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made July 8, 1884, which reversed an order of the surrogate of Monroe county, granting an allowance for compensation, fees and disbursements to a special guardián. (Reported below, 33 Hun, 235.) The material facts are stated in the opinion. The court below erred in deciding that allowances to special guardians in Surrogate’s Court are costs, the amount and allowance of which are fixed by the Code, and to be entered in the decree. (Code, §§ 2, 17, 2530, 2566; Redf. Surr. Pr. [2d ed.] 769, note; McCue…
1Per curiam
The will of Milton Budlong, deceased, was presented to the Surrogate’s Court of Monroe -county for probate, and a special guardian was appointed for two infants who were the sole contestants. The contestants were unsuccessful and a decree was entered admitting the will to probate. A few days thereafter, on the ex parte application of the special guardian, without any notice to, or hearing by the other parties interested in the estate, an order was made by the surrogate allowing the special guardian $1,000 for his compensation, fees and disbursements as such special guardian, and ordered that…
2Cases cited1 opinion
- Union Insurance v. Van RensselaerNew York Court of Chancery · 1833
3Cited by9 opinions
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- In Re the Probate of the Last Will & Testament of WilsonNew York Court of Appeals · 1886
- In re the Final Judicial Settlement of the Accounts of RobinsonAppellate Division of the Supreme Court of the State of New York · 1899
- In Re the Final Judicial Settlement of the Accounts of RobinsonNew York Court of Appeals · 1899
- In re Estate of O'DayNew York Surrogate's Court · 1914
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