In re Kraus
New York Surrogate's Court
Petition by James B. McKewan, alleging that a proceeding instituted to procure a decree revoking the administrator’s letters had been referred at the instance of counsel for the administrator and others, and against petitioner’s protest; that the referee’s report was ready to be filed on payment of $253.75 fees; that petitioner was too poor to take up the same; that the estate was exclusively personal, and did not exceed $2,000; that the • administrator had $500 cash in…
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Petition by James B. McKewan, alleging that a proceeding instituted to procure a decree revoking the administrator’s letters had been referred at the instance of counsel for the administrator and others, and against petitioner’s protest; that the referee’s report was ready to be filed on payment of $253.75 fees; that petitioner was too poor to take up the same; that the estate was exclusively personal, and did not exceed $2,000; that the • administrator had $500 cash in hand, but refused to take up the report; and praying that the court direct the filing of the report, and make some provision…
1Opinion of the Court
The Surrogate.
The issues raised by. a petition for the revocation of the letters of the administrator of this estate, and the answer thereto, were, on the 20th day of February last, sent to a referee, to take testimony in the premises and report the same with his opinion. The reference has been concluded, and the referee has prepared his report and opinion, but has not filed the same or delivered them to any of the parties. The petitioner now applies for an order which shall direct the filing of the report and the payment of the fees of the referee out of the assets of the estate.
In my…
2Cases cited2 opinions
- Geib v. . ToppingNew York Court of Appeals · 1880
- Perkins v. TaylorThe Superior Court of New York City · 1863