In re the General Guardianship of the Property & Estate of Salm

Appellate Division of the Supreme Court of New York

In re the General Guardianship of the Property & Estate of Salm

258 A.D. 875, 1939 N.Y. App. Div. LEXIS 7386

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

DecidedDecember 15, 1939

StatusPublished

This text of 258 A.D. 875 (In re the General Guardianship of the Property & Estate of Salm) 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.

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In re the General Guardianship of the Property & Estate of Salm, 258 A.D. 875, 1939 N.Y. App. Div. LEXIS 7386 (N.Y. Ct. App. 1939).

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Opinion

Under the circumstances disclosed the Special Term properly exercised its discretion in refusing the allowances requested by the petitioner. Order affirmed, with ten dollars costs and disbursements. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; Cohn, J., dissents and votes to reverse the order in so far as it refuses an allowance out of the infant’s estate for petitioner’s personal support and to defray the expense of exercising custodial rights over the infant in accordance with the court’s decree. The amount of the allowance, if any, should be determined by referring the matter to an official referee to ascertain the circumstances surrounding the financial condition of petitioner, and upon the coming in of such report the Special Term should make such provision for the petitioner out of the infant’s estate as is warranted by the proof. [171 Misc. 367.]

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Under the circumstances disclosed the Special Term properly exercised its discretion in refusing the allowances requested by the petitioner. Order affirmed, with ten dollars costs and disbursements. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; Cohn, J., dissents and votes to reverse the order in so far as it refuses an allowance out of the infant’s estate for petitioner’s personal support and to defray the expense of exercising custodial rights over the infant in accordance with the court’s decree. The amount of the allowance, if any, should be determined by referring the matter to an official referee to ascertain the circumstances surrounding the financial condition of petitioner, and upon the coming in of such report the Special Term should make such provision for the petitioner out of the infant’s estate as is warranted by the proof. [171 Misc. 367.]

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258 A.D. 875, 1939 N.Y. App. Div. LEXIS 7386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-general-guardianship-of-the-property-estate-of-salm-nyappdiv-1939.

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