In re Holland Trust Co.
New York Supreme Court
Appeal from special term, New York county. Application by the Holland Trust Company to compel an attorney to pay over money. From an order in favor of petitioner, the attorney appeals. Reversed.
1Opinion of the CourtVan Brunt, P. J.
It is difficult to imagine upon what theory this motion is founded. There is no claim but that the attorney rendered the services charged for and is entitled to be paid therefor. But it is said that his client has charged the same to his account as guardian, when he should have paid for them himself. Even if this were so, it is difficult to see how the court can summarily take this money out of the attorney’s pocket. All charges of administration are primarily the personal debts of the administrator, but if incurred properly, for the benefit of the trust fund, they will be allowed to the…
2Cited by1 opinion
- Burleigh v. PalmerNebraska Supreme Court · 1905