In re the Judicial Settlement of the Accounts of Stevens
Appellate Division of the Supreme Court of the State of New York
Appeal by Frederick H. Stevens and another, as surviving trustees for J esse Brooks Nichols and others, etc., fro'in so much of a decree of the Surrogate’s Court of the county of Chautauqua, entered in said Surrogate’s Court on the 31st day of March, 1906, as directs said trustees to pay out of moneys credited to certain infants entitled to share in such estate and who are represented upon this appeal by the respondents as special guardians .for them respectively, as follows…
Read the full summary
Appeal by Frederick H. Stevens and another, as surviving trustees for J esse Brooks Nichols and others, etc., fro'in so much of a decree of the Surrogate’s Court of the county of Chautauqua, entered in said Surrogate’s Court on the 31st day of March, 1906, as directs said trustees to pay out of moneys credited to certain infants entitled to share in such estate and who are represented upon this appeal by the respondents as special guardians .for them respectively, as follows : To Clare A. Pickard, as special guardian for Jesse Brooks Nichols, $5,000; to Fred Greiner, special guardian of…
1Opinion of the CourtMcLennan, P. J.
It may be assumed that the Surrogate’s Court had authority, in its discretion, to make suitable allowances to the special guardians of the infants represented by them respectively, payable out of their respective shares of the estate for the services rendered by them in taking and prosecuting the appeal in question; but if such allowances were grossly excessive and such as to indicate an abuse of discretion, it becomes the duty of this court to reverse the decree, and to that extent protect the estate of such infants.
When the decree appealed from was made it appeared that $20,000 had already…
2Cases cited1 opinion
- In Re the Final Accounting of SelleckNew York Court of Appeals · 1888
3Cited by11 opinions
- Musser's EstateSupreme Court of Pennsylvania · 1940
- Elliott EstateSupreme Court of Pennsylvania · 1957
- Garrison v. GarrisonSupreme Court of Missouri · 1945
- Estate of FerrallCalifornia Supreme Court · 1948
- Hamilton v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1948
6 more not listed; retrieve them via the Exa API.