Legal Opinion

Heuel v. Stein

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 1914PublishedCited by 1 opinion

Appeal by .Josephine Stein Uterhart and another from, two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of November, 1913, denying their separate motions for an order revoking, canceling and setting aside any provisions heretofore made for the compensation of Emanuel J. Myers, as guardian ad litem herein, and requiring him to make restitution of the amount already received by…

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Appeal by .Josephine Stein Uterhart and another from, two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of November, 1913, denying their separate motions for an order revoking, canceling and setting aside any provisions heretofore made for the compensation of Emanuel J. Myers, as guardian ad litem herein, and requiring him to make restitution of the amount already received by him.

1Opinion of the Court

Ingraham, P. J.:

This action was commenced in the summer of 1900 by one of the executqrs of the last will and testament of Conrad Stein, deceased, to obtain a construction of the will and to determine what real property was devised to the defendants, Alexander Stein and Conrad Stein, two sons of the testator, by the will. In addition to these two sons, the testator left him surviving four children who were infants. These two sons claimed that under the will they were entitled to several pieces of real property, which the plaintiff, as one of the executors of the will, disputed. The substantial…

2Cases cited2 opinions

  1. Parish v. . ParishNew York Court of Appeals · 1903
  2. Parish v. ParishAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by1 opinion

  1. In re the Estate of WechslerNew York Surrogate's Court · 1934

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