In re Miller
New York Supreme Court
Application by the committee of a lunatic to be discharged from his office. In April, 1859, a committee of the person and estate of Hannah E. Miller, a lunatic, was appointed by this court, who immediately entered upon the discharge of his duties. The entire estate of the lunatic consisted in an income of six hundred dollars per annum, resulting from a trust created for that purpose.
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Application by the committee of a lunatic to be discharged from his office. In April, 1859, a committee of the person and estate of Hannah E. Miller, a lunatic, was appointed by this court, who immediately entered upon the discharge of his duties. The entire estate of the lunatic consisted in an income of six hundred dollars per annum, resulting from a trust created for that purpose. On the 7th July, 1862, the daughter of the lunatic presented a petition to this court at special term, praying for the removal of the committee; and an order was made upon said petition requiring the committee to…
1Opinion of the CourtBarnard, J.
The court does not accept the resignation of ■a trustee as a matter of course. It must be satisfied that there is some good reason rendering such resignation necessary or *278expedient. The court will therefore pay no attention to any agreement entered into between the parties for the resignation of a trustee, except so far as the views of the interested parties-may have a bearing on the question of the propriety of the acceptance of a resignation. There must be an order of reference-to inquire into, and ascertain the truth of the matters alleged in the petition by the committee.
The order must…
2Cited by2 opinions
- In re CuttingAppellate Division of the Supreme Court of the State of New York · 1900
- Reed v. AllertonThe Superior Court of New York City · 1865