New York Court of Appeals, 1906

Matter of Pitney

New York Court of Appeals · Decided October 16, 1906 · <italic>Per Curiam</italic>.

78 N.E. 1110; 186 N.Y. 540; 24 Bedell 540; 1906 N.Y. LEXIS 1192 (North Eastern Reporter)

Cases that cite this one

6 later published cases cite this decision.

In re the Estate of Price (New York Surrogate's Court 1937)
In re the Estate of Wardman (New York Surrogate's Court 1935)
In re the Estate of Chapal (New York Surrogate's Court 1934)
In re the Judicial Settlement of the Proceedings of Montgomery (New York Surrogate's Court 1917)
Spencer v. . Spencer (N.Y. 1916)
E. E. Souther Iron Co. v. Woodruff Realty Co. (Mo. Ct. App. 1913)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.