New York Surrogate's Court, 1888

In re the Estate of Shaffer

In re the Estate of Shaffer
New York Surrogate's Court · Decided April 15, 1888 · Coffin
19 N.Y. St. Rep. 900

Counsel

James H. Porter, for temporary administrator; Jacob Fromme, for contestant.

In re the Estate of Shaffer

Opinion of the Court

Coffin, S.

The objection seems to be well taken. It would not appear that the expenditure could fairly be held to be comprehended within the lines of his duty as a prospective representative; nor as being necessary and reasonable, under section 2562. If he could be allowed a sum paid to any such company for such a purpose, he might, with equal propriety, be allowed any like sum paid to individuals to become his sureties. It seems to be a matter entirely personal to the administrator. If he cannot furnish the necessary bond he cannot receive his appointment. The estate or persons in interest are under no obligation to refund to him the money he may have expended in procuring his sureties, whoever or whatever they may be.

The item is, therefore, disallowed.

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