Schell v. Hewitt
New York Surrogate's Court
Application, by Francis Schell, special guardian of decedent’s infant children, on the proceeding to prove his alleged will, for compensation, out of the estate, for services rendered by himself, as such guardian, on appeal from the Surrogate’s decree refusing probate; opposed by Minnie Hewitt, administratrix of decedent’s estate. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
An instrument purporting to be the last will of Edward Hewitt was, in the year 1881, offered for probate in this court. A contest thereupon arose, which resulted adversely to the proponents. While that contest was pending, the applicant in the present proceeding was appointed special guardian of decedent’s minor children. He represented them in the probate controversy, and, by the Surrogate’s decree, was allowed, as compensation therefor, the sum of $25, which he has since received.
From this decree, which denied probate to the paper propounded as a will, an appeal was taken to…
2Cases cited4 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Underhill v. DennisNew York Court of Chancery · 1841
- Dupuy v. WurtsNew York Supreme Court · 1874
- Savage v. GouldNew York Supreme Court · 1880