Opinion
June Term, 1896.
Present — Van Brunt, P.J., Barrett, Patterson, O'Brien and Ingraham, JJ.
Order modified by striking out allowance of twenty-five dollars to the special guardian, and, as modified, affirmed, without costs. —
This case is clearly within the principles laid down in The Matter of Baudouine ( 5 App. Div. 622) and in The Matter of Livingston (1 id. 568). Indeed, the principle of the Livingston case is more decisive than that enunciated in the Baudoine case. As to the stock of The Times corporation the ruling of the surrogate was acquiesced in; and, further, the surrogate offered to send the case back on that head, and that offer was not accepted by the executors. The only error we find in this record is the allowance of twenty-five dollars to the special guardian. We think that the appointment of a special guardian was wholly unnecessary upon the facts in this case, and that the rule laid down in the Post case ( Matter of Post, 5 App. Div. 113) on that subject is applicable. The order should, therefore, be modified by striking out the allowance of twenty-five dollars to the special guardian, and as modified, affirmed, without costs.