Walbridge v. Walbridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John H. Walbridge and another, as executors, etc., from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 28th day of December, 1908, upon the decision of the court rendered on a trial at the Kings County Special Term, as directs the plaintiffs to pay out of the estate of Clin G- Walbridge, deceased, the sum of $1,500 to the respondent as and for his compensation.
1Opinion of the Court
Miller, J.:
This action was brought for the construction of a will. The court declined to assume jurisdiction on the ground that the surrogate had jurisdiction to determine all the questions presented. The allowance to the guardian ad litem, payable out of the estate, was made as compensation and not pursuant to section 3253 of the Code of Civil Procedure; and the learned counsel for the respondent expressly disclaims in his brief any attempt to sustain the allowance as one made pursuant to said section of the Code.
We are constrained to reverse that part of the judgment appealed from on the…
2Cases cited7 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Le Roy v. PlattNew York Court of Chancery · 1833
- In re the Final Judicial Settlement of the Accounts of RobinsonAppellate Division of the Supreme Court of the State of New York · 1899
- In Re the Final Judicial Settlement of the Accounts of RobinsonNew York Court of Appeals · 1899
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