Legal Opinion

Underhill v. Dennis

New York Court of Chancery

Decided May 24, 1841PublishedCited by 29 opinions

This was an appeal from a decision of the surrogate of the county of Cayuga, appointing the respondent the general guardian of the person and estate of Noah W. Dennis, an infant between seven and eight years of age.

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This was an appeal from a decision of the surrogate of the county of Cayuga, appointing the respondent the general guardian of the person and estate of Noah W. Dennis, an infant between seven and eight years of age. The only facts which appeared upon the records of the surrogate, as stated in his return, were, that in August, 1840, C. C, Dennis, an uncle of the infant, presented a petition to the surrogate stating the death of the father, the supposed value of the property, and the age of the infant, and praying to be appointed his guardian; but without stating whether the infant had or had…

1Opinion of the Court

The Chancellor.

I do not think the appointment of the guardian in this case was absolutely void, upon the ground of the relationship of the surrogate to the person appointed guardian. But it was a case in which the surrogate might very properly have declined acting, on that *206ground, and have directed the application to be made to the chancellor or vice chancellor having jurisdiction of the case. The surrogate being a mere statute officer, it is unquestionably within the power of the legislature to prohibit him from acting in any particular case. This court, however, has decided that the statute…

2Cited by29 opinions

  1. In Re LundbergCalifornia Supreme Court · 1904
  2. Heydenfeldt v. TownsSupreme Court of Alabama · 1855
  3. Kurtz v. St. Paul & Duluth R. Co.Supreme Court of Minnesota · 1892
  4. Trustees Internal Improvement Fund v. BaileySupreme Court of Florida · 1864
  5. Taff v. HosmerMichigan Supreme Court · 1866

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