In the Matter of the Judicial Settlement of the Accounts of David Hawley, as Testamentary Guardian

Summary

The New York Court of Appeals reversed the General Term and the surrogate's decree, holding that the Surrogate’s Court lacks jurisdiction to judicially settle the accounts of a testamentary guardian while the guardianship continues, and that a guardian is not a testamentary trustee absent an express trust in the will. Accordingly, the prior settlements and commissions were void and the matter was remanded to the surrogate for rehearing.