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Matter of Gutman

Surrogate's Court of the City of New York, New York County
Jul 28, 1937
171 Misc. 680 (N.Y. Misc. 1937)

Opinion

July 28, 1937.

Krellberg Fitzsimons, for the trustees, petitioners.

Irving J. Joseph, special guardian for infants.


The court is not willing to open the door to the abuses which certainly would follow the establishment of the principle that fiduciaries may engage the service of investment counsel at the cost of the estate. Such counsel could perform only the duties which the fiduciary himself is charged with performing. If in his own opinion a fiduciary is not competent to discharge his duties properly he may always retire on application and proper accounting. The undoubted good faith of the moving parties and the undoubted fact that their generous attitude toward the beneficiaries has relieved the estate from entirely proper charges in other directions cannot justify the granting of this application. Submit, on notice, order accordingly.


Summaries of

Matter of Gutman

Surrogate's Court of the City of New York, New York County
Jul 28, 1937
171 Misc. 680 (N.Y. Misc. 1937)
Case details for

Matter of Gutman

Case Details

Full title:In the Matter of the Estate of MALVIN GUTMAN, Deceased

Court:Surrogate's Court of the City of New York, New York County

Date published: Jul 28, 1937

Citations

171 Misc. 680 (N.Y. Misc. 1937)
14 N.Y.S.2d 473

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