Matter of Pitney

New York Court of Appeals

Matter of Pitney

78 N.E. 1110, 186 N.Y. 540, 24 Bedell 540, 1906 N.Y. LEXIS 1192

CourtNew York Court of Appeals

DecidedOctober 16, 1906

StatusPublished

Cited by6 cases

This text of 78 N.E. 1110 (Matter of Pitney) 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

Matter of Pitney, 78 N.E. 1110, 186 N.Y. 540, 24 Bedell 540, 1906 N.Y. LEXIS 1192 (N.Y. 1906).

Pincite

Opinion

Per Curiam.

The selection of a new or substituted trustee rested in the discretion of the Supreme Court and is not subject to review by this court.

It is-extremely doubtful, to say the least, whether the infant has any interest in the corpus of the trust fund. Therefore, the compensation for the services of the guardian was necessarily limited to taxed costs and the court was not authorized to make him an allowance. (Matter of Holden, 126 N. Y. 589 ; Matter of Robinson, 40 App. Div. 30 ; affd., 160 N. Y. 448.)

The order appealed from should be modified so as to strike out the allowance to the guardian ad litem, and in lieu thereof direct that said guardian be paid his costs to be taxed, and as modified affirmed, without costs of this appeal to either party.

Cullen, Ch. J., Edward T. Bartlett, Haight, Yann, Werner, Willard Bartlett and Chase, JJ., concur.

Ordered accordingly.

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