Legal Opinion

In re the Estate of Gauff

New York Surrogate's Court

Decided December 19, 1960PublishedCited by 15 opinions

1Opinion of the Court

Joseph A. Cox, S.

The issues in this accounting proceeding have been raised by the special guardian appointed to safeguard the rights of the testator’s alleged incompetent widow for whom no committee has been appointed. Two of the three accounting executors are the testator’s son and daughter. No charge of bad faith or overreaching is made against the executors. On the contrary, the special guardian concedes that the executors have taken certain steps that they were not obligated to take to assure the widow’s comfort and well-being.

The crux of the special guardian’s objections revolve around…

2Cases cited2 opinions

  1. In re the Estate of InmanNew York Surrogate's Court · 1959
  2. In re the Estate of McTarnahanNew York Surrogate's Court · 1960

3Cited by15 opinions

  1. In Re Will of WickmanDistrict Court of Appeal of Florida · 1974
  2. In re the Estate of LewineNew York Surrogate's Court · 1968
  3. In re the Estate of UmplebyNew York Surrogate's Court · 1964
  4. In re the Intermediate Accounting of WempleAppellate Division of the Supreme Court of the State of New York · 1963
  5. In re the Estate of GutwirthNew York Surrogate's Court · 1967

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