In re Kane
New York Court of Chancery
This was an application by J. I. Kane, the father and general guardian of his infant children, for an, allowance, out of their property, for their education and support.
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This was an application by J. I. Kane, the father and general guardian of his infant children, for an, allowance, out of their property, for their education and support. The petitioner stated that his two children, who were of the ages of nine and eleven years, had, by the death of then mother and of their aunt, .become entitled to a large property, amounting to about $120,000; that they had continued to reside with him since the death of their mother, in the autumn of 1842, and had been supported by him; that for their proper education and support in the county "of. Westchester, where he and…
1Opinion of the Court
The Chancellor.
It is a settled principle of the court of chancery, not to. allow maintenance on behalf of infants, out of their property, unless it will be for their benefit to order such an allowance. And it is not for the benefit of infants to direct an allowance out of their general estate where they have any other sufficient provision for their maintenance, or a right, Which can be enforced, to demand it from other sources. The court, therefore, will not direct an allowance to the father of the infants, out of their estate, where he is of sufficient ability to maintain and bring them up…
2Cited by23 opinions
- Clark v. . CammannNew York Court of Appeals · 1899
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Fuller v. FullerSupreme Court of Florida · 1887
- Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
- Voëssing v. VoëssingNew York Surrogate's Court · 1880
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