Legal Opinion

Rapp v. Masten

New York Surrogate's Court

Decided October 15, 1879PublishedCited by 2 opinions

Application by John R. Rapp for an execution against the person of Myer Hasten, general guardian of John H. Constantine, for the sum of $875, in the nature of an attachment, in the form used by the old Court of Chancery in analogous cases. The contents of the petition are fully stated in the opinion.

1Opinion of the Court

The Subrogate.—The petition sets forth that the petitioner is administrator with the will annexed, of John H. Rapp, deceased. That in April, 18G6, said Hasten petitioned the Surrogate of this county to be appointed guardian of said infant, whereby the said John H. Rapp and one Coulter, as sureties for him, gave the usual guardian’s bond in the penal sum of $3,000, whereupon Hasten was duly appointed such guardian, and accepted the office, and entered, upon its duties ; that while acting as such, Hasten converted to his own use the property of the infant, to the amount of $775.95, in violation…

2Cases cited7 opinions

  1. Hayes v. WardNew York Court of Chancery · 1819
  2. Lewis v. . PalmerNew York Court of Appeals · 1863
  3. Cuyler v. EnsworthNew York Court of Chancery · 1836
  4. Clason v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1812
  5. Eno v. . CrookeNew York Court of Appeals · 1854

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re the Estate of SternfelsNew York Surrogate's Court · 1929
  2. People ex rel. Hirsch v. WeissbrodNew York Supreme Court · 1942

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