Bulkley v. Staats
New York Surrogate's Court
Chables Cubby died in 1871, leaving him surviving a minor child, Ella Curry, and also leaving a last will and testament, disposing of real and personal estate estimated at between nine and ten thousand dollars. By the will Peter Staats was appointed executor, and was requested thereby to provide the said minor with a suitable home, see to her education, and pay for the same out of said estate. Subsequently one Hobart R. Griffin was duly appointed the guardian of said minor.
Read the full summary
Chables Cubby died in 1871, leaving him surviving a minor child, Ella Curry, and also leaving a last will and testament, disposing of real and personal estate estimated at between nine and ten thousand dollars. By the will Peter Staats was appointed executor, and was requested thereby to provide the said minor with a suitable home, see to her education, and pay for the same out of said estate. Subsequently one Hobart R. Griffin was duly appointed the guardian of said minor. Before September 1, ah application was presented by Miss Harriet S. Bulkley, alleging the above facts, and stating that…
1Opinion of the Court
The Surrogate.—This application is novel in its character, and should be dismissed unless expressly sanctioned by some statute or fairly to be inferred therefrom. It is not a claim against the deceased, but has arisen against the executor, or guardian, or both, since his death. It is a claim based on a contract between the petitioner and the guardian,' sanctioned by the executor, and this court is asked to enforce it. If it had power to do so, it would also have power to adjudicate it if it were contested, as its lack of authority in this respect is confined to claims against the deceased…
2Cited by5 opinions
- In re the Judicial Settlement of the Account of the Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Hoes v. HalseyNew York Surrogate's Court · 1883
- Wolfe v. LynchNew York Surrogate's Court · 1884
- Hall v. DusenburyNew York Supreme Court · 1885
- Hall v. DusenburyNew York Surrogate's Court · 1885