In re the Estate of Papajohn

Appellate Division of the Supreme Court of New York

In re the Estate of Papajohn

18 A.D.2d 1058, 238 N.Y.S.2d 909, 1963 N.Y. App. Div. LEXIS 4048

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 1963

StatusPublished

This text of 18 A.D.2d 1058 (In re the Estate of Papajohn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York 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 Papajohn, 18 A.D.2d 1058, 238 N.Y.S.2d 909, 1963 N.Y. App. Div. LEXIS 4048 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order, entered on October 25, 1962, unanimously modified on the law and on the facts and as a matter of discretion to reduce the fee of the special guardian to $400 and, as so modified, affirmed, with $20 costs and disbursements to appellant against the special guardian. The services involved were comparatively simple and did not merit the fee asked for by the guardian or awarded by the Surrogate. It is sought to justify the fee by proof that the special guardian performed services of a social value to his ward by counselling him as to his way of life. This was quite extraneous to the purpose for which the special guardian was appointed, namely, to protect the interests of the ward in connection with a proposed sale of an asset of the estate. Concur — Breitel, J. P., Rabin, Stevens, Steuer and Bastow, JJ.

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Order, entered on October 25, 1962, unanimously modified on the law and on the facts and as a matter of discretion to reduce the fee of the special guardian to $400 and, as so modified, affirmed, with $20 costs and disbursements to appellant against the special guardian. The services involved were comparatively simple and did not merit the fee asked for by the guardian or awarded by the Surrogate. It is sought to justify the fee by proof that the special guardian performed services of a social value to his ward by counselling him as to his way of life. This was quite extraneous to the purpose for which the special guardian was appointed, namely, to protect the interests of the ward in connection with a proposed sale of an asset of the estate. Concur — Breitel, J. P., Rabin, Stevens, Steuer and Bastow, JJ.

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Bluebook (online)

18 A.D.2d 1058, 238 N.Y.S.2d 909, 1963 N.Y. App. Div. LEXIS 4048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-papajohn-nyappdiv-1963.