State Codes and Statutes

Statutes > New-york > Dcd > Article-9 > 251

§  251. Authority for committee or conservator to compromise claims. A  court exercising jurisdiction  over  the  property  of  a  mentally  ill  person,  mentally  retarded  person,  alcohol abuser or conservatee may,  upon  the  application  of  the  committee  of  the  property  of   such  incompetent  person  or the conservator of the conservatee, and for good  and sufficient cause shown, and  upon  such  terms  as  it  may  direct,  authorize  the  committee or conservator to sell, compromise or compound  any claim or debt belonging to the estate of the incompetent  person  or  conservatee.  But  such authority shall not prevent any party interested  in the trust estate, from showing upon  the  final  accounting  of  such  committee  or  conservator  that  such debt or claim was fraudulently or  negligently sold, compounded or compromised. The sale  of  any  debt  or  claim   heretofore   made  in  good  faith  by  any  such  committee  or  conservator, shall be valid, subject, however, to the  approval  of  the  court, and the committee or conservator shall be charged with and liable  for,  as  a part of the trust fund, any sum which might or ought to have  been collected by him.

State Codes and Statutes

Statutes > New-york > Dcd > Article-9 > 251

§  251. Authority for committee or conservator to compromise claims. A  court exercising jurisdiction  over  the  property  of  a  mentally  ill  person,  mentally  retarded  person,  alcohol abuser or conservatee may,  upon  the  application  of  the  committee  of  the  property  of   such  incompetent  person  or the conservator of the conservatee, and for good  and sufficient cause shown, and  upon  such  terms  as  it  may  direct,  authorize  the  committee or conservator to sell, compromise or compound  any claim or debt belonging to the estate of the incompetent  person  or  conservatee.  But  such authority shall not prevent any party interested  in the trust estate, from showing upon  the  final  accounting  of  such  committee  or  conservator  that  such debt or claim was fraudulently or  negligently sold, compounded or compromised. The sale  of  any  debt  or  claim   heretofore   made  in  good  faith  by  any  such  committee  or  conservator, shall be valid, subject, however, to the  approval  of  the  court, and the committee or conservator shall be charged with and liable  for,  as  a part of the trust fund, any sum which might or ought to have  been collected by him.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Dcd > Article-9 > 251

§  251. Authority for committee or conservator to compromise claims. A  court exercising jurisdiction  over  the  property  of  a  mentally  ill  person,  mentally  retarded  person,  alcohol abuser or conservatee may,  upon  the  application  of  the  committee  of  the  property  of   such  incompetent  person  or the conservator of the conservatee, and for good  and sufficient cause shown, and  upon  such  terms  as  it  may  direct,  authorize  the  committee or conservator to sell, compromise or compound  any claim or debt belonging to the estate of the incompetent  person  or  conservatee.  But  such authority shall not prevent any party interested  in the trust estate, from showing upon  the  final  accounting  of  such  committee  or  conservator  that  such debt or claim was fraudulently or  negligently sold, compounded or compromised. The sale  of  any  debt  or  claim   heretofore   made  in  good  faith  by  any  such  committee  or  conservator, shall be valid, subject, however, to the  approval  of  the  court, and the committee or conservator shall be charged with and liable  for,  as  a part of the trust fund, any sum which might or ought to have  been collected by him.