Crocker
Crocker v. Kay
Opinion
Lead Opinion
Wilbur, J.
The appellant, trustee in bankruptcy of the estate of Gorday Garment Co., bankrupt, sought an order from the referee requiring Cora M. Kay, as administratrix of the estate of Thomas B. Kay, deceased, to turn over to him property which the deceased had received as assignee for the benefit of creditors- of said bankrupt before bankruptcy proceedings were instituted. The referee direeted the administratrix to turn over the sum of $425, “being the sums disallowed of the disbursements made by the assignee subsequent to the filing of the involuntary petition in bankruptcy.” The disbursements involved were $200 attorney’s fee, $200 to J. H. Robertson for services as manager, and $1.50 to himself as assignee. Of these amounts the referee allowed $75 on the last item paid to the assignee and $50 attorney’s fee-. After these allowances were deducted, the balance of $425 was ordered turned over. The administratrix voluntarily turned over the entire fund' she had received from the special account of the assignee amounting to $2,686.73. The balance of the amount received by the assignee, amounting to $1,654.87, had been expended in the course of his administration of the assets of the Gorday…