In re the Probate of the Last Will & Testament of Burnham
New York Surrogate's Court
Application by the special guardians of an incompetent person for the appointment of a temporary administrator.
1Opinion of the Court
Slater, S.
This is an application made by the special guardians of Frederick W. Burnham, the incompetent son and only heir of the testatrix, the incompetent joining in the request, for the appointment of a temporary administrator under section 2596 of the Code of Civil Procedure. A special guardian is more than an attorney. He is a trustee ad litem. He must err, if neCtl be, on the side of caution. In bringing on a contest, and attempting to conserve assets, he is answerable to the court, as well as to the incompetent. In the instant case the special guardians have only performed a proper…
2Cases cited11 opinions
- In Re Proving the Will of ShontsNew York Court of Appeals · 1920
- In re Last Will & Testament of HassettAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Application for Temporary Letters of Administration upon the Goods, Chattels & Credits of DurbanAppellate Division of the Supreme Court of the State of New York · 1916
- In Re the Application for Temporary Letters of Administration of the Estate of DurbanNew York Court of Appeals · 1917
- In re Plath's EstateNew York Supreme Court · 1890
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3Cited by6 opinions
- In re the Application for Temporary Letters of Administration upon the Goods, Chattels & Credits of WatsonNew York Surrogate's Court · 1924
- In re the Probate of the Last Will & Testament of EggswareNew York Surrogate's Court · 1924
- In re the Estate of LevineNew York Surrogate's Court · 1936
- In re the Probate of the Will of MottekNew York Surrogate's Court · 1957
- Evans v. del CastilloSupreme Court of Arkansas · 1952
1 more not listed; retrieve them via the Exa API.