Home/New York Surrogate's Court/In re the Estate of Gutman

In re the Estate of Gutman

171 Misc. 680, 14 N.Y.S.2d 473, 1937 N.Y. Misc. LEXIS 1231
CourtNew York Surrogate's Court
DecidedJuly 28, 1937
StatusPublished
Cited by4 cases

This text of 171 Misc. 680 (In re the Estate of Gutman) 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 the Estate of Gutman, 171 Misc. 680, 14 N.Y.S.2d 473, 1937 N.Y. Misc. LEXIS 1231 (N.Y. Super. Ct. 1937).

Opinion

Delehanty, S.

The court is not willing to open the door to the abuses which certainly would follow the establishment of the principle that fiduciaries may engage the service of investment counsel at the cost of the estate. Such counsel could perform only the duties which the fiduciary himself is charged with performing. If in his own opinion a fiduciary is not competent’ to discharge his duties properly he may always retire on application and proper [681]*681accounting. The undoubted good faith of the moving parties and the undoubted fact that their generous attitude toward the beneficiaries has relieved the estate from entirely proper charges in other directions cannot justify the granting of this application. Submit, on notice, order accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re the Estate of Badenhausen
38 Misc. 2d 698 (New York Surrogate's Court, 1963)
In re the Accounting of McMillan
8 Misc. 2d 915 (New York Surrogate's Court, 1957)
In re the Estate of Bowne
8 Misc. 2d 763 (New York Surrogate's Court, 1957)
In re the Estate of Greata
172 Misc. 955 (New York Surrogate's Court, 1939)

Cite This Page — Counsel Stack

Bluebook (online)
171 Misc. 680, 14 N.Y.S.2d 473, 1937 N.Y. Misc. LEXIS 1231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-gutman-nysurct-1937.