Legal Opinion
In re the Estate of Hotaling
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1937PublishedCited by 5 opinions
1Opinion of the CourtCarswell, J.
The facts, pertinent statutes and question involved are set out in greater detail in the minority opinion.
The appellant appeals from an order which denied his application to require a committee of an incompetent to invest certain funds forthwith. He claims to be aggrieved although the safeguarding and precise disposition and investment of these funds reposes by law within the discretion of the committee subject to the limitations and standards erected by law.
*490The question is not now justiciable. It is prematurely presented. Answering it now is in effect exercising a non or extra judicial…
2Cases cited10 opinions
- Anway v. Grand Rapids Railway Co.Michigan Supreme Court · 1920
- Self-Insurer's Ass'n v. State Industrial CommissionNew York Court of Appeals · 1918
- In re the Judicial Settlement of the Account of Proceedings of Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934
- McCabe v. . FowlerNew York Court of Appeals · 1881
- In Re the Accounting of Central Hanover Bank & Trust Co.New York Court of Appeals · 1935
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3Cited by5 opinions
- In re the Final Accounting of HewsonAppellate Division of the Supreme Court of the State of New York · 1938
- In re the Intermediate Accounting of TrachtmanNew York Surrogate's Court · 1960
- Arnstein v. PriceAppellate Division of the Supreme Court of the State of New York · 1955
- In re HagedornNew York Supreme Court · 1941
- Arnstein v. PriceNew York Supreme Court · 1954