Estate of Wadsworth — 24 N.Y. St. Rep. 416

Majority

p. 416

Estate of Julius Wadsworth.

(Surrogate’s Court, New York County,

Filed June 21, 1889.)

Headnote

Guardian — Responsibilities of special suabdian—Report oe—What SHOULD CONTAIN—ALLOWANCE TO.

The report to the court of a special guardian should give a full account of the matters in his charge—stating his conclusions ana his reasons therefor, and all must he based upon his own personal investigation. Without such personal investigation he should not accept the most solemn assurance of the executor supplemented by personal statements of his counsel. He is the arm of the court and in his person this beneficent policy of the law is to he executed.

The special guardian has discharged his duty in -this proceeding with great thoroughness, and he is entitled to fair ■compensation for his professional service.

Special guardians are the most important officers of the court Their responsibilities are much graver than those of a referee; they must act independently of all persons interested in the ■estate. Family influence should not deter them from a most searching inquiry into all matters of interest to their ward. The solemn assurances of the most respectable executor, supplemented by personal statements of his counsel, that of his own personal knowledge the details of the account are lawful and mathematically correct, would not justify these officers of the court in passing a single item of the account, nor any question of law involved, without personal examination. They must inquire aud investigate, and then decide as to all matters in which their ward is interested. Their report to the court should give a full account of the matters in their charge, stating their conclusions, and theh reasons therefor, and all must be based upon their indepedent personal investigation. The court is jealous of the rights of infants, and will be watchful over them and their property. The special guardian is the arm of the court, and in his person this beneficent policy of the law is to be executed.

In this proceeding the special guardian has fitly discharged his duty, and he must be paid a proper fee for his labor and the responsibility of his office, which, in this proceeding, was great. I have given due consideration to the affidavits, and briefs submitted. I am not able to agree precisely with either side. The

p. 417

¡amount claimed is a little more than I can allow, and the amount suggested by learned counsel for executors is much less than the sum I think was fairly earned. I allow the special guardian $1,000.