Legal Opinion

In re Stoehr's Estate

New York Surrogate's Court

Decided February 1, 1893PublishedCited by 2 opinions

Proceeding by J. 0. Hampton to compel the general guardian of Bertha Stoehr, a minor, to pay a claim for services rendered, as guardian ad litem, in litigation concerning the minor’s estate.

1Opinion of the Court

COLEMAN, S.

This was a proceeding to compel a general guardian to pay an alleged claim for services rendered and expenses incurred by the petitioner, as guardian ad litem of the minor, in certain litigation, which resulted in securing the property now in the control of the general guardian. The general guardian, by her answer, disputes and denies the justness and validity of this claim. It is well settled that the surrogate’s court has no power to hear and determine the validity of a disputed demand against an estate of a deceased person, except when made by executors or administrators; and…

2Cases cited2 opinions

  1. In re KerwinNew York Supreme Court · 1891
  2. Welch v. GallagherNew York Surrogate's Court · 1884

3Cited by2 opinions

  1. McCoy v. LaneNebraska Supreme Court · 1902
  2. In re Alden's WillNew York Surrogate's Court · 1912

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