People ex rel. Byrne v. Brugman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Albert F. Brugman and another, from an order of the Supreme Court, made at the Westchester Special Term, and entered in the office of the clerk of the county of Westchester on the 4th day of November, 1895, awarding to the respondent the custody of his infant son.
1Opinion of the CourtBrown, P. J.
The controversy betweén the'jparties to this proceeding relates to the custody of Arthur Byrne, an infant of the age of about four years, and a son of the petitioner. The appellants are the maternal uncles of the infant, and claim to be entitled to. the custody of him,- oil the ground (1) that .they are his testamentary, guardians, "under the last will and testament of his mother, and (2), that the petitioner is not a fit and proper person to have the custody of his /.son. The learned judge who heard the case at Special Term overruled both of these claims, and we concur with his conclusions.
Th…
2Cases cited1 opinion
- In re SchmidtNew York Supreme Court · 1894
3Cited by8 opinions
- People ex rel. Beaudoin v. BeaudoinAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Boulware v. MartensAppellate Division of the Supreme Court of the State of New York · 1931
- In re ColeAppellate Division of the Supreme Court of the State of New York · 1925
- In re the Probate of the Will of WaringNew York Surrogate's Court · 1905
- In re the Estate of ThorneNew York Surrogate's Court · 1924
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