¶1Upon the coming in of the master’s report, the guardian ad litem suggested, whether the creditors, who had obtained the reference, ought not to bear the whole of the costs of it; and cited Bennett’s Master, 55, where he says, ‘’Every creditor establishes his claim at his own expense.” But The Vice-Chancellor decided that the fund in court must bear the expenses of the master, guardian ad litem and solicitor of the creditors.
2 Edw. Ch. 484
In re Howe
Decided August 18, 1835
New York Court of Chancery · decided 1835-08-18
a sale of infant’s real estate had taken place, for the purpose of paying debts ; and the amount of the sale had been brought into court. Upon an application for an order of reference to a master to take proof of debts. The Vice-Chancellor considered there ought to be a guardian ad ^iem for the children, in order to protect them from improper charges by the creditors.
Cited by 2 later decisions — most recently June 1899
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1835-08-18
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