In re the Taxation of the Estate of Post
Appellate Division of the Supreme Court of the State of New York
Appeal by Washington L. Cooper, as executor, etc., of Abraham J. Post, deceased, from so much of an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 16th day of July, 1895, as awards to George P. Webster thirty dollars costs as special guardian, to be paid by said executor, and also from an order entered in said court on the 1st day of October, 1895, directing said Washington L. Cooper, as such executor, to pay to said George…
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Appeal by Washington L. Cooper, as executor, etc., of Abraham J. Post, deceased, from so much of an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 16th day of July, 1895, as awards to George P. Webster thirty dollars costs as special guardian, to be paid by said executor, and also from an order entered in said court on the 1st day of October, 1895, directing said Washington L. Cooper, as such executor, to pay to said George P. Webster, as such special guardian, said sum of thirty dollars, made on the application of George P. Webster for a…
1Opinion of the Court
Patterson, J.:
It is not necessary, at the present time, to consider the question of the general power of the surrogate to appoint a special guardian for an infant in a proceeding- to assess the value of a decedent’s estate for the purpose of taxation under the provisions of the Transfer Tax Act (Chap. 399, Laws of 1892). The only inquiry on this appeal relates to the propriety of the allowance by the surrogate of a fee of thirty dollars to a special guardian appointed for certain infants in this particular proceeding, in which the amount allowed the special guardian was charged by the…
2Cited by1 opinion
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