Kellinger v. Roe
New York Court of Chancery
This was an appeal from a decision of the surrogate of the county of Westchester, denying the appellant's application to be appointed the general guardian of the person and the estate of Henry Doyer, the son of the petitioner's deceased wife, an infant about ten years of age. Upon the presenting of the petition the surrogate appointed a day for the hearing of the matter, and caused the relatives of the infant to be notified, that they might attend.
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This was an appeal from a decision of the surrogate of the county of Westchester, denying the appellant's application to be appointed the general guardian of the person and the estate of Henry Doyer, the son of the petitioner's deceased wife, an infant about ten years of age. Upon the presenting of the petition the surrogate appointed a day for the hearing of the matter, and caused the relatives of the infant to be notified, that they might attend. Upon the day appointed S. E. Lyon appeared in behalf of the respondents, as the relatives of the infant, and objected to the appellant’s…
1Opinion of the Court
The Chancellor.
The proper person is not made a party to this appeal, so as to enable me to either affirm or reverse the order appealed from. The object of the legislature in authorizing the surrogate to direct notice of the hearing to be given to the relatives of the infant, residing in the county, was not to make such relatives parties to the proceeding; but merely to enable them to attend, if they thought proper, for the purpose of giving the surrogate the requisite information as to the value of the infant’s property and as to the propriety of appointing the applicant the guardian of the…
2Cited by4 opinions
- Brick's EstateNew York Surrogate's Court · 1862
- Taff v. HosmerMichigan Supreme Court · 1866
- Cozine v. HornNew York Surrogate's Court · 1850
- In re Van VrankenNew York Supreme Court · 1888