In re the Accounting of Kaselman — 267 A.D. 995

Majority

p. 995

In the Matter of the Accounting of David Kaselman, as Committee of the Estate of Frances Ginsberg, an Incompetent Person, Appellant. Josephine M. Cain, as Special Guardian, et al., Respondents.

Resettled order judicially settling appellant’s final account as committee, removing him as such committee and surcharging him in the sum of $2,740.99, modified on the law and the facts by reducing the surcharge to the sum of $1,947.83, and as so modified, unanimously affirmed, with costs to the special guardian, payable out of the estate. The evidence adduced by the committee justifies a finding that in the years 1933 to 1941, inclusive, the committee expended $75 a year when he and the incompetent’s niece visited the incompetent at the State hospitals, as well as $65 in the year 1930, -and $23.16 in the year 1932. The committee also is entitled to a credit of $30 for bond premiums paid in 1941 out of his own funds. Appeal from original order dismissed, without costs. Present— Close, P. J., Hagarty, Johnston and Aldrich, JJ.; Carswell, J., not voting. [See 268 App. Div. 780 .]