Legal Opinion

Matter of Petition of Camp

New York Court of Appeals

Decided June 2, 1891PublishedCited by 66 opinions

Appeal by Calvin B. Camp from an order of the General Term of the Supreme Court in the second judicial department, made May 24, 1890, which modified, and as modified, affirmed a decree of the surrogate of Kings county, made upon an accounting by the appellant as guardian of the petitioner, William C. Camp.

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Appeal by Calvin B. Camp from an order of the General Term of the Supreme Court in the second judicial department, made May 24, 1890, which modified, and as modified, affirmed a decree of the surrogate of Kings county, made upon an accounting by the appellant as guardian of the petitioner, William C. Camp. From the record it appears that the surrogate of Kings county, on the 16th day of May, 1888, duly issued a citation to Calvin B. Camp, citing him to appear at a Surrogate’s Court for the purpose of rendering and settling his account as> such guardian. The citation was based upon a petition…

1Opinion of the CourtBeckham, J.

It is important at the outset to determine the precise ownership of the fund of $26,000 received by the appellant from the city of Brooklyn. He claims a life interest as tenant by the curtesy, while the petitioner^ asserts that whatever right the appellant may have had in the real estate the specific fund in question represents solely the interest of the four children as heirs in such property, and he says that the appellant had no right or title to it excepting as guardian of his infant-children.

The referee has found that the appellant had an interest in the fund as tenant by the curtesy,…

2Cases cited8 opinions

  1. Covenhoven v. ShulerNew York Court of Chancery · 1830
  2. Riggs v. . CraggNew York Court of Appeals · 1882
  3. Tyson v. . BlakeNew York Court of Appeals · 1860
  4. In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
  5. Dunscomb v. DunscombNew York Court of Chancery · 1815

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3Cited by66 opinions

  1. United States v. RodgersSupreme Court of the United States · 1983
  2. In Re the Judicial Settlement of the Accounts of McDougallNew York Court of Appeals · 1894
  3. Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1915
  4. Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
  5. Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1915

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