In re Flanagan

Wingate, S.

This is a proceeding by a general guardian for the final judicial settlement of his accounts. In the usual case such an application would be unmomentous routine, but this petition presents two features which raise it from the plane of the commonplace to a position of distinct legal interest, one of the questions involved being, apparently, of first impression in any common-law court. The questions involved are, first, as to the jurisdiction of the Surrogate’s Court to render an affirmative judgment in favor of a guardian and against a ward for moneys expended by the guardian out of…