The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-08-05
EXPENSIVE REQUESTS.
The Cost Of Leaving Heirlooms to
Minor Legatees-
Articles of Small Value That Necessitate
the Appointments OF q Guardian aud
an Outlay OF Many Times the
Worth OF the Article.

an Outlay OF Many Times the
Worth OF the Article.
It has doubtless occurred to everyone
to make will Even though his or
her worldly possessions may be but
triiing. there is sufficient amount of
sentiment attached to them to occasion
desire for their proper distribution
after death, says the New York News.
This is especially true as regards
personal effects How many OF US
possess heirlooms in the shape of lock-
cts, trinkets, rings ard snuff-bexes.
whose only value is that they been
bequeathed TO us by some old aunt or
uncle long since dead. Very probably
they have devised their houses. stocks
and bonds to some favorite niece or
nephew. but they are too thoughtful of
our feelings to leave Us entirely out in
their wills. So we are remembered"
by the gift of trifling bauble, which
sentiment demands OF us TO regard as
extremely precious. Yet these good
old people are generally ignorant OF
the expense to which the transfer of
such petty bequestS will subject their
estate if the beneiiciaries happen to be
minors. For in that case it was the
duty of the surrogate-in New York
state at least to appoint especial
guardians to look after the interests Of
the young legatees until a recounting
of the estate had been made. The re-
enumeration allowed to these persons is
frequently far in excess of the value of
the requests. The surrogate has alb
solute authority to award a special
guardian any sum he may see fit. There
is wise law limiting the fees paid to
the attorney of an accountant execu-
tor. but none describing the fees that
special guardian may collect.
Here are a few cases in point. Not
long ago an old lady of New York city
died and left will bequeathing her
her son and daughter. She had a
grandson also whom she remembered
by leaving him an old mahogany
bureau that was an heirloom in the
family. The boy was a minor and con-
sequently a special guardian was APP
pointed by the sur rogate. The neces-
sary labor entailed upon this man need
not have occupied him for twenty min
utes at the utmost, yet he was allowed
fifty dollars for his services. In view
of the fact that the bureau was valued
by the appraiser at only five dollars,
the enormity of the special guardians
fee is apparent. An old gentleman
died in Harlem a year ago, leaving a
small amount of property to be divided
among host of nieces and nephews,
some of whom had attained their
majority, while others were minors.
For these latter three different guardi-
aus were appointed The old gentle
mans estate consisted of personal ef-
fects and was worth at the most fifteen
hundred dollars. The special guardians
were awarded one hundred and fifty
dollars, which was equivalent to tax
of ten per cent upon the estate.
In one of the northern counties of
New York state an old woman died re-
Gently, leaving, among other bequests,
a brass locket containing lock of her
hair to a grandniece, who is still in
swaddling clothes. The trinlSet was
not worth fifty cents, yet. according
to the law, a special guardian had to
be appointed TO look after the infants
interests lie was allowed twenty-five
dollars for his services, and the old
womans estate had to suffer TO that
extent. OF course the special guardian
in this case was paid for performing n
farcical duty, but the surrogate was
supported by the law in awarding him
the money, and the executors had to
pay it.
In each Of these cases the money
paid out to special guardians might
have been saved TO the estate if the
small bequests to miners had been ex-
cluded from the will Where a person
desires to give a token of remembrance
% a minor il is always the best policy
TO give it personally while living,
rather than to bequeath it in a viii
after death. The fees Of special
guardians are part Of the patronage
controlled by surrogates. and it is
only natural that they should use them
to increase their prestige. That they
should invariably make these fees
commensurate with the amount of
work done by their agents, or even
commensurate with the value of the
bequests these men are appointed 10
protect. is out of the question. This
should be the case, but unfortunately
il is not