In re Plumb
New York Supreme Court
Appeal froto surrogate’s court, New York county. Application by Marie Jeannette Plumb to compel the final judicial settlement of the accounts of James Neale Plumb, as the guardian of her person and estate. From an order granting a commission to take the deposition of witnesses out of the state the guardian appeals.
1Opinion of the CourtO’Brien, J.
The appellant claims that, upon the law and upon the facts used as the basis of the application for a commission, the order made by the *80surrogate should not have been granted. In determining whether the facts upon the application would justify the granting of the order, we think the true test to apply would be to consider what, in the absence of any opposing affidavits by the appellant, would have been the duty of the surrogate. Applying this test, we think there was sufficient to justify the order. The presentation of the opposing affidavits, while we may concede that they destroyed the…
Also in this document: Concurrence.
2Cases cited2 opinions
- Cadmus v. OakleyNew York Surrogate's Court · 1883
- Henry v. HenryNew York Surrogate's Court · 1885
3Cited by1 opinion
- Gardner v. RoycroftersNew York Supreme Court · 1907