Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MUTUAL LIFE INS. CO. v. GINSBURG

December 1, 1954

The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a corporation, Plaintiff,
v.
Bonn Kraus GINSBURG and John Paul Ginsburg, Minors, Betty K. Ginsburg and Paul Ginsburg, Defendants



The opinion of the court was delivered by: MARSH

Claim of Guardian Ad Litem for Compensation.

Findings of Fact

 1. On June 16, 1953, I appointed Loyal H. Gregg, Esq., a lawyer and a member of the bar of this court, temporary guardian ad litem for Bonn Kraus Ginsburg and John Paul Ginsburg, the minor claimants to the fund of $ 27,456.68, deposited in the registry of this court, in the above entitled interpleader proceedings. This appointment was made without objection on the part of the claimant, Paul Ginsburg, or on the part of the mother of the minor children, namely, Betty K. Ginsburg, now Betty K. Hilsdorf.

 2. That portion of the court's order appointing the said temporary guardian ad litem reads as follows:

 '5. That Loyal H. Gregg, Esquire, 903 Farmers Bank Building, Pittsburgh, Pa., 22, be and is hereby appointed as temporary guardian ad litem to accept service of the summons, complaint and order of court in this action and to otherwise act in behalf of the minor defendants, Bonn Kraus Ginsburg and John Paul Ginsburg, pending further order of this court appointing a permanent guardian ad litem; this service shall be in addition to personal service upon the said minors and their mother.'

 3. Pursuant to this order of court, the temporary guardian performed the legal services necessary to protect the minors' interests in the above matter until December 23, 1953.

 4. On December 23, 1953, on petition of Betty K. Hilsdorf, the Arizona guardian ad litem, Judge Willson of this court appointed Loyal H. Gregg, Esq., permanent guardian ad litem for the above named minor claimants to the fund. This appointment was made over the objection of the claimant Paul Ginsburg.

 5. Pursuant to this order of court the guardian ad litem has performed the legal services necessary to protect the minors' interests in, and to establish their claims to, the fund deposited in the registry of this court.

 6. The services rendered by the guardian since the initial appointment in June of 1953 consisted of the preparation of pleadings, conferences with Eugene B. Strassburger, Esq., the preparation for, and the participation in, ten different oral arguments, the preparation of six briefs on the law pertaining to the aforesaid arguments, and other incidental services which normally accompany the handling of a lawsuit.

 7. The guardian ad litem spent one hundred sixty-five hours in representing the minors' interest in the above matter.

 8. As a result of the services rendered by the guardian in behalf of the minors, the various requests of the defendant, Paul Ginsburg, for judgment as a matter of law were refused, and the guardian's motion for change of venue to the United States District Court for the District of Arizona, the situs of the alleged parol trust, was granted. 125 F.Supp. 920.

 9. Many appearances of the guardian in court were the result of actions taken by the defendant, Paul Ginsburg.

 10. It was impossible for this court to administer the fund deposited in the registry of this court pursuant to the interpleader proceedings without the services of a guardian ad litem representing Bonn Kraus Ginsburg and John Paul Ginsburg, the minor claimants.

 11. The evidence disclosed that the guardian was experienced in the various matters brought before the court and the one hundred sixty-five hours spent by the guardian in representing the minors' ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.