In re Mayo

New York Supreme Court

In re Mayo

205 Misc. 271, 128 N.Y.S.2d 290, 1954 N.Y. Misc. LEXIS 1997

DecidedFebruary 11, 1954

StatusPublished

This text of 205 Misc. 271 (In re Mayo) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Mayo, 205 Misc. 271, 128 N.Y.S.2d 290, 1954 N.Y. Misc. LEXIS 1997 (N.Y. Super. Ct. 1954).

Pincite

Opinion

Matthew M. Levy, J.

Motion is denied, without prejudice. This is an application for leave to the committee of an incompetent to make payment of counsel fee. The committee was appointed on February 18, 1953. The services rendered are those involved in marshaling the assets of the estate. While in this particular case, the fee requested may be small enough, [272]*272I am of the view that if applications for allowances are granted from time to time for each separate item of professional service the resultant tendency may be to deplete if not to waste estate assets. I think that before court approval is given, the matter should await an accounting on due notice to all interested parties.

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Matthew M. Levy, J.

Motion is denied, without prejudice. This is an application for leave to the committee of an incompetent to make payment of counsel fee. The committee was appointed on February 18, 1953. The services rendered are those involved in marshaling the assets of the estate. While in this particular case, the fee requested may be small enough, [272]*272I am of the view that if applications for allowances are granted from time to time for each separate item of professional service the resultant tendency may be to deplete if not to waste estate assets. I think that before court approval is given, the matter should await an accounting on due notice to all interested parties.

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Bluebook (online)

205 Misc. 271, 128 N.Y.S.2d 290, 1954 N.Y. Misc. LEXIS 1997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mayo-nysupct-1954.