Vanderheyden v. Vanderheyden
New York Court of Chancery
This case came before the court on exceptions to the master’s report, on stating an account against the administratrix of the guardian of the complainant. The guardian had used monies belonging to the infant, and the master in stating the account made annual rests for the purpose of charging the guardian with interest on these monies.
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This case came before the court on exceptions to the master’s report, on stating an account against the administratrix of the guardian of the complainant. The guardian had used monies belonging to the infant, and the master in stating the account made annual rests for the purpose of charging the guardian with interest on these monies. The expenditures of each year were less than $1000, and the master at each annual rest deducted five per cent on so much of the receipts as had been actually disbursed for the benefit of the infant during the year. And at the close of the account he credited the…
1Opinion of the Court
The Chancellor.
The question under the second, ex» ceptiori is no longer open for discussion in this court. In McWhorter v. Benson, ( 1 Hopk. Rep, 28 ) Chancellor Sanford examined this question and decided that the executor or guardian was entitled to all proper expenses in which he had been subjected in the care and management of the estate; and that he might employ an agent or clerk, and charge the estate with the expense, where, from the peculiar situation of the property or from its nature, it was beneficial for the i estate to subject it to that extra expense. But the executor or…
2Cited by20 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Collier v. . MunnNew York Court of Appeals · 1869
- Willcox v. SmithNew York Supreme Court · 1858
- In re the Judicial Settlement of the Account of PoppAppellate Division of the Supreme Court of the State of New York · 1907
- Booth v. BradfordSupreme Court of Iowa · 1901
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