In Re the Final Judicial Settlement of the Accounts of Robinson
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial depart-merit, entered April 18, 1899, affirming so much of a decree of the Surrogate’s Court of Kings county as denied an application by a special guardian for an award to him out of the estate of the decedent of compensation for his services in addition to statutory costs.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial depart-merit, entered April 18, 1899, affirming so much of a decree of the Surrogate’s Court of Kings county as denied an application by a special guardian for an award to him out of the estate of the decedent of compensation for his services in addition to statutory costs. The nature of the proceeding, the facts, so far as material, and the questions certified for review are stated in the opinion. The power of the Surrogate’s Court to appoint on its own motion a guardian ad litem for an…
1Opinion of the CourtVann, J.
In a proceeding instituted in Surrogate’s Court for an accounting by executors and trustees, the surrogate upon his own motion appointed the appellant special guardian of two infants, each under the age. of fourteen, who had vested interests in a part of the estate, although the ultimate enjoyment thereof by them was contingent upon their surviving the life tenant. The estate was large and the entire burden of the accounting was cast upon the special guardian, who devoted many days to the litigation and rendered services' of much” value not only to the infants but to the general estate. Upon…
2Cases cited4 opinions
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Grannan v. . Westchester Racing Assn.New York Court of Appeals · 1897
- In Re the Probate of the Will of BudlongNew York Court of Appeals · 1885
3Cited by12 opinions
- Frame v. PlumbWisconsin Supreme Court · 1909
- Livingston v. WardNew York Court of Appeals · 1928
- In re ThawAppellate Division of the Supreme Court of the State of New York · 1918
- Matter of PitneyNew York Court of Appeals · 1906
- In re Estate of O'DayNew York Surrogate's Court · 1914
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