Grant v. Schoonhoven
New York Court of Chancery
This was a petition by the grandfather of the infant defendants, on their behalf, to set aside an appointment of a guardian ad litem, made by a master.
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This was a petition by the grandfather of the infant defendants, on their behalf, to set aside an appointment of a guardian ad litem, made by a master. The bill was filed by the father and the mother of the infants, against them and the trustees under a conveyance for their benefit, to set aside such conveyance. . The petitioner applied to the chancellor, upon a petition showing that the father of the infants was proceeding in hostility to them, and procured an order for the appointment of the solicitor who had been employed by him to protect the rights of the infants in the litigation, to be…
1Opinion of the Court
The Chancellor.
In the appointment of a guardian ad litem for infant defendants, the court should always select such person for that purpose as will be most likely to protect the rights of the infants. And in this case, where the natural guardian and protector of his children is himself the complainant and prosecuting his suit against them, their grandfather, who is their next nearest relative, and who has assumed the burthen of their defence, is entitled to he heard in the selection of a guardian ad litem for that purpose, in whom he has confidence and with whom he can communicate freely on…
2Cited by23 opinions
- Hammond v. . PennockNew York Court of Appeals · 1874
- Smith v. . ReidNew York Court of Appeals · 1892
- Williams v. . TownsendNew York Court of Appeals · 1865
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- King v. AverySupreme Court of Alabama · 1861
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