In re the Judicial Settlement of the Account of Rosenberg

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Rosenberg

231 A.D. 848

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

DecidedDecember 15, 1930

StatusPublished

This text of 231 A.D. 848 (In re the Judicial Settlement of the Account of Rosenberg) 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 Rosenberg, 231 A.D. 848 (N.Y. Ct. App. 1930).

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Opinion

Order of the Surrogate’s Court of Richmond county consolidating two prior motions and appointing a referee reversed upon the law and the facts, with ten dollars costs and disbursements to appellant payable out of the estate; motion to substitute Fred Mayer as special guardian in place of Bertram G. Eadie granted, with ten dollars costs and disbursements to appellant payable out of the estate, and motion to remove Fred Mayer as special guardian denied, with ten dollars costs and disbursements payable out of the estate. The proceeding is remitted to the Surrogate’s Court for the sole purpose of determining and making an allowance for the reasonable value of the services rendered by Bertram G. Eadie as special guardian. The infants being over the age of fourteen, and having petitioned for the appointment of their father, and no good reason appearing why the father should not be appointed, the failure to appoint him was an erroneous exercise of discretion. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

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Order of the Surrogate’s Court of Richmond county consolidating two prior motions and appointing a referee reversed upon the law and the facts, with ten dollars costs and disbursements to appellant payable out of the estate; motion to substitute Fred Mayer as special guardian in place of Bertram G. Eadie granted, with ten dollars costs and disbursements to appellant payable out of the estate, and motion to remove Fred Mayer as special guardian denied, with ten dollars costs and disbursements payable out of the estate. The proceeding is remitted to the Surrogate’s Court for the sole purpose of determining and making an allowance for the reasonable value of the services rendered by Bertram G. Eadie as special guardian. The infants being over the age of fourteen, and having petitioned for the appointment of their father, and no good reason appearing why the father should not be appointed, the failure to appoint him was an erroneous exercise of discretion. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

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Bluebook (online)

231 A.D. 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-rosenberg-nyappdiv-1930.