Legal Opinion

In re the Estate of Walters

New York Surrogate's Court

Decided December 11, 1979PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John D. Bennett, J.

In this probate proceeding the guardian ad litem appointed by the court on August 23, 1978 to represent infant wards seeks a partial allowance for services rendered to date. The guardian ad litem has participated in examinations of attesting witnesses and other parties and has filed objections to the propounded instrument.

The attorneys for the proponent object to the partial payment contending that allowance should not be made until a decree is signed either admitting or denying the will to probate, citing Matter of Foreman (238 App Div 388). They also…

2Cases cited6 opinions

  1. In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
  2. In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
  3. In re the Probate of the Will of BurkAppellate Division of the Supreme Court of the State of New York · 1958
  4. In re the Estate of MackenzieNew York Surrogate's Court · 1935
  5. In re Proving the Last Will & Testament of ForemanAppellate Division of the Supreme Court of the State of New York · 1933

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In re Estate of SommerAppellate Division of the Supreme Court of the State of New York · 1993

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