In Re the Final Judicial Settlement of the Accounts of Robinson

New York Court of Appeals

In Re the Final Judicial Settlement of the Accounts of Robinson

55 N.E. 1100, 160 N.Y. 692, 14 E.H. Smith 692, 1899 N.Y. LEXIS 1253

DecidedOctober 24, 1899

StatusPublished

This text of 55 N.E. 1100 (In Re the Final Judicial Settlement of the Accounts of Robinson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re the Final Judicial Settlement of the Accounts of Robinson, 55 N.E. 1100, 160 N.Y. 692, 14 E.H. Smith 692, 1899 N.Y. LEXIS 1253 (N.Y. 1899).

Pincite

Opinion

The questions certified were as follows:

I. Does the Surrogate’s Court possess power to award to a special guardian, appointed on its own motion in proceedings for the judicial settlement of an executor’s accounts, any compensation for his services in addition to and apart from the statutory costs allowed by sections 2557-2561 of the Code of Civil Procedure?

*693 II. If - the Surrogate’s Court has such power, then can it direct that any compensation which it may so award be paid out of the general estate of the decedent, where the infants represented by such guardian have a vested interest therein, subject, however, to be divested by death prior to decease of life tenant.

Order affirmed, without costs, on authority of Matter of Robinson (160 N. Y. 448).

First question certified, limited as indicated in the opinion, answered in the negative. Second question not answered.

All concur.

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