West v. Gunther
New York Surrogate's Court
Petition of William C. West, as the general guardian of the property of George H. Buckner, an infant eleven years of age, and legatee under decedent’s will, to compel Francis F. Gunther, executor thereof, to pay to petitioner the legacy bequeathed to the infant.
1Opinion of the Court
The Surrogate.
By the will of this testatrix, a legacy was bequeathed to George H. Buckner, an infant. I am asked to direct that such legacy be paid to William C. West, who holds letters of guardianship issued by the probate court of Monroe county, in the state of Michigan. This application must be denied. The power of a guardian is derived from the court that appoints him, and the fact that one has received such appointment from a foreign jurisdiction does not entitle him to recognition in the courts of New York (Morrell v. Dickey, 1 Johns. Ch., 153 ; Williams v. Storrs, 6 Johns. Ch., 353 ;…
2Cases cited8 opinions
- Morrell v. DickeyNew York Court of Chancery · 1814
- Williams v. StorrsNew York Court of Chancery · 1822
- McLoskey v. ReidNew York Surrogate's Court · 1857
- In re NeallyNew York Supreme Court · 1864
- Trimble v. DzieduzyikiNew York Supreme Court · 1878
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