Diaper v. Anderson
New York Supreme Court
PPEAL from a decree of the surrogate of the county of Westchester. The surrogate appointed Frederick Diaper guardian of the estate of his daughter Elizabeth Gr. S. Diaper. During her infancy she married Henry E. Anderson.
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PPEAL from a decree of the surrogate of the county of Westchester. The surrogate appointed Frederick Diaper guardian of the estate of his daughter Elizabeth Gr. S. Diaper. During her infancy she married Henry E. Anderson. The guardian not having filed a first account, the husband of the ward (the latter being still under age) presented a petition to the surrogate, in which he stated that the guardian had not, since his appointment, filed an account of his proceedings; that the guardian was insolvent and in failing circumstances as to property, and that one of his sureties had failed and…
1Opinion of the Court
By the Court,
Emott, J.
The surrogate’s court, being a court of special statutory jurisdiction, can exercise no other authority than such as is expressly given to it, or such as is necessary to the use of the powers, or the discharge of the duties, conferred upon 'it by the statutes. Although the surrogate is authorized to appoint guardians for infants, this power of appointment alone would- not confer the additional power to compel them to account, or to control their pro*176ceedings. Section 10 of the statute of guardians, (2 B. 8. 152,) however, provides that any guardian appointed by a…
2Cited by7 opinions
- In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
- In re ArnoldAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Judicial Settlement of the Account of RolphNew York Surrogate's Court · 1890
- Welch v. GallagherNew York Surrogate's Court · 1884
- In re BladenAppellate Division of the Supreme Court of the State of New York · 1915
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