In re Kellogg
New York Court of Chancery
This was an application to confirm the report of one of the vice chancellors, to whom it was referred by an order of the chancellor to pass the accounts of the guardian of an infant, periodically.
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This was an application to confirm the report of one of the vice chancellors, to whom it was referred by an order of the chancellor to pass the accounts of the guardian of an infant, periodically. From the report of the vice chancellor, which was made upon the passing of the first account of the guardian, it appeared that such guardian had received for a legacy due to his ward, including interest on the same, the sum of $11,036 48. On which sum the vice chancellor had allowed the guardian full commissions for receiving and paying out the same, although he had only paid out the sum of $516,36…
1Opinion of the Court
The Chancellor.
The officer, in passing this a count, has erred in allowing to the guardian his full commissions, both for receiving and paying out the whole amount received for the legacy and interest; although the principal part of that fund still remains in the hands of the guardian in bonds and mortgages taken by him upon the reinvestment of the money. This mode of computing the commissions would be correct if the infant were now of age and this was a final.settlement of the account of the guardian, with a view to turn over the whole fund to his ward, as a balance due to the latter on such…
2Cited by23 opinions
- Beard v. . BeardNew York Court of Appeals · 1893
- Betts v. BettsNew York Supreme Court · 1878
- In Re the Accounting of Chemical Bank & Trust Co.New York Court of Appeals · 1938
- Savage v. . ShermanNew York Court of Appeals · 1882
- In re RooseveltNew York Surrogate's Court · 1882
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