Accounting of Otis v. Hall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an' order made July 2,1888, which affirmed a decree of the acting surrogate of Lewis county settling the final account of Stephen S. Otis, as guardian of Henry Hall, an infant.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an' order made July 2,1888, which affirmed a decree of the acting surrogate of Lewis county settling the final account of Stephen S. Otis, as guardian of Henry Hall, an infant. It appeared that on his own application Otis was on the 14tli of May, 1866, appointed guardian of the person and estate of the infant, and in February, 1886, he presented his final account, verified in the usual manner. The ward excepted to every item of credit claimed by the guardian “ for any money paid, or…
1Opinion of the CourtDanforth, J.
It is well settled that where parties sustain the relation of parent and child, either by nature or adoption, the former in the absence of an. express promise cannot be required to pay for services rendered by the child, nor the latter be obliged to pay for maintenance. No case has been cited to the contrary, but the learned counsel for the appellant while conceding that “ such is undoubtedly the rule of law,” contends that a different doctrine should prevail in a court having in respect to matters of this sort a somewhat larger jurisdiction, and that the surrogate erred in not disposing of…
2Cases cited2 opinions
- Hyland v. . BaxterNew York Court of Appeals · 1885
- Voëssing v. VoëssingNew York Surrogate's Court · 1880
3Cited by12 opinions
- Congregational Unitarian Society v. HaleAppellate Division of the Supreme Court of the State of New York · 1898
- Campbell v. ClarkSupreme Court of Arkansas · 1897
- In re HowdenDistrict Court, N.D. New York · 1901
- In re PolinskyNew York Surrogate's Court · 1962
- Ernst v. Elmira Municipal Improvement Co.New York Supreme Court · 1898
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