In re the Estate of Schuler

Fitzgerald, S.

Section 51 of the Domestic Relations Law provides that “ a married woman is the joint guardian of her children with her husband, with equal powers, rights and duties in regard to them.” Vol. 1, Gen. Laws, Cumm. & Gilbert’s Ed., 1106, 1107.

It is claimed by the mother, who is the surviving parent of her minor children, that she is, by virtue of the provisions cited, supplemented by those of sections 52 and 53 of the same law, constituted the general guardian of their persons and estates and as such authorized by section 2746 of the Code of Civil Procedure to receive the…