In re Johnston

New York Surrogate's Court

In re Johnston

6 Dem. Sur. 355, 19 N.Y. St. Rep. 258

CourtNew York Surrogate's Court

DecidedDecember 15, 1887

StatusPublished

Cited by1 cases

This text of 6 Dem. Sur. 355 (In re Johnston) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Johnston, 6 Dem. Sur. 355, 19 N.Y. St. Rep. 258 (N.Y. Super. Ct. 1887).

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Opinion

The Surrogate.

The decree proposed by counsel for the proponent herein makes provision for the award of $250, as compensation to special guardian Prentiss, for his services in behalf of certain infant heirs at law and next of kin of the testator. I think that similar provision should be made for the compensation of special guardian Spelissy for his services in behalf of other infants.

It has never been the practice of this court to make any allowance to a special guardian for his counsel fees and the application made for such an allowance in the case at bar must be denied.

I have signed and settled a decree admitting the testator’s will to probate and directing the issuance of letters testamentary to the executor. I have adopted and signed the findings of fact and conclusions of law proposed by proponent’s counsel as the “ decision in writing” contemplated by Code Civ. Pro., § 2545 (Matter of Hoyt, 5 Dem., 284).

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The Surrogate.

The decree proposed by counsel for the proponent herein makes provision for the award of $250, as compensation to special guardian Prentiss, for his services in behalf of certain infant heirs at law and next of kin of the testator. I think that similar provision should be made for the compensation of special guardian Spelissy for his services in behalf of other infants.

It has never been the practice of this court to make any allowance to a special guardian for his counsel fees and the application made for such an allowance in the case at bar must be denied.

I have signed and settled a decree admitting the testator’s will to probate and directing the issuance of letters testamentary to the executor. I have adopted and signed the findings of fact and conclusions of law proposed by proponent’s counsel as the “ decision in writing” contemplated by Code Civ. Pro., § 2545 (Matter of Hoyt, 5 Dem., 284).

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Bluebook (online)

6 Dem. Sur. 355, 19 N.Y. St. Rep. 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-johnston-nysurct-1887.

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