In Re the Accounting of Maxwell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1915, which affirmed a decree of the Rensselaer County Court judicially settling the accounts of the committee of a deceased incompetent person. The facts, so far as material, are stated in the opinion. In the absence of statutory authorization, the court had no power to grant either attorney’s fees or counsel fees and costs. (Code Civ.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1915, which affirmed a decree of the Rensselaer County Court judicially settling the accounts of the committee of a deceased incompetent person. The facts, so far as material, are stated in the opinion. In the absence of statutory authorization, the court had no power to grant either attorney’s fees or counsel fees and costs. (Code Civ. Pro. § 2338.) No statute authorized the court to grant either attorney’s fees or counsel fees and costs either in the original or amended…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is a proceeding under section 2344 of the Code of Civil Procedure for the final settlement of the accounts of the committee of a deceased incompetent person. The decree of the County Court of Rensselaer county, in which the proceeding was instituted, allows $1,583.53 to the committee “as his commissions and allowances herein;” $500 “as an extra allowance as committee of the estate and as committee of the person of said incompetent;” and $1,000 “for his counsel fees and costs in this proceeding.” In the decree as originally framed, the last provision awarded" the…
2Cases cited3 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Downing v. . MarshallNew York Court of Appeals · 1867
- Matter of Application of HoldenNew York Court of Appeals · 1891
3Cited by15 opinions
- Corn Exchange Bank Trust Co. v. Bankers Trust Co.New York Court of Appeals · 1935
- In re McCormickAppellate Division of the Supreme Court of the State of New York · 1995
- In Re the Accounting of FinnNew York Court of Appeals · 1933
- In re the Estate of RosenbergNew York Surrogate's Court · 1938
- In re the Judicial Settlement of the Account of Proceedings of GordonNew York Supreme Court · 1922
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