In re the Estate of Shaffer — 19 N.Y. St. Rep. 900

Majority

p. 900

In the Matter of the Estate of Catharine Shaffer, Deceased.

(Surrogate’s Court, Westchester County,

Filed April, 1888.)

Headnote

Temporary administrator—Will not be allowed sum paid a company to be ms bondsman.

A temporary administrator cannot credit himself with the fee paid by him to an indemnity company for going bail for him.

Pending a contest over an alleged will of decedent which was finally refused probate, the person who was appointed temporary administrator on his accounting claimed that he should be allowed as a charge against the estate the sum of forty-five dollars which he had paid to the New York Bond and Indemnity Company to • become such surety. The item was objected to by the surviving husband of the deceased.

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

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.