In re the Judicial Settlement of the Account of Grant

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Grant

130 A.D. 706, 115 N.Y.S. 283, 1909 N.Y. App. Div. LEXIS 285

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

DecidedMarch 5, 1909

StatusPublished

This text of 130 A.D. 706 (In re the Judicial Settlement of the Account of Grant) 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 Judicial Settlement of the Account of Grant, 130 A.D. 706, 115 N.Y.S. 283, 1909 N.Y. App. Div. LEXIS 285 (N.Y. Ct. App. 1909).

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Opinion

Scott, J.:

This is an appeal by Frederic Grant, the temporary administrator of James Grant, deceased, from an order of the surrogate punishing him as for a contempt for his failure to pay costs awarded to a special guardian, and to certain other parties who appeared as objectors to an account filed by appellant. It clearly appears that appellant has no funds of the estate in his hands wherewith to pay the costs, and the proceeding which culminated in the order appealed from was in effect one to compel him to pay such costs personally. It was held in Matter of Humfreville (154 N. Y. 115) that the surrogate had no authority to enforce the payment of costs by contempt proceedings. The order appealed from mu'st, therefore, be reversed, with ten dollars costs and disbursements, and the motion to punish the appellant for contempt denied.

Ingraham, McLaughlin, Clarke and Houghton, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied.

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Scott, J.:

This is an appeal by Frederic Grant, the temporary administrator of James Grant, deceased, from an order of the surrogate punishing him as for a contempt for his failure to pay costs awarded to a special guardian, and to certain other parties who appeared as objectors to an account filed by appellant. It clearly appears that appellant has no funds of the estate in his hands wherewith to pay the costs, and the proceeding which culminated in the order appealed from was in effect one to compel him to pay such costs personally. It was held in Matter of Humfreville (154 N. Y. 115) that the surrogate had no authority to enforce the payment of costs by contempt proceedings. The order appealed from mu'st, therefore, be reversed, with ten dollars costs and disbursements, and the motion to punish the appellant for contempt denied.

Ingraham, McLaughlin, Clarke and Houghton, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied.

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130 A.D. 706, 115 N.Y.S. 283, 1909 N.Y. App. Div. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-grant-nyappdiv-1909.

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