Havens v. Sherman
New York Supreme Court
APPEAL from a judgment ordered at the: circuit, on a trial before the court without a jury. The action was ejectment, brought by the plaintiff as one of the heirs at law of Sylvanus B. Havens, deceased, to recover the undivided half of certain premises situate in the county of Suffolk.
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APPEAL from a judgment ordered at the: circuit, on a trial before the court without a jury. The action was ejectment, brought by the plaintiff as one of the heirs at law of Sylvanus B. Havens, deceased, to recover the undivided half of certain premises situate in the county of Suffolk. The defendant claimed title to the premises under proceedings had before the surrogate, upon the application of Caleb S. Loper, the administrator of the deceased, for an order to sell the real estate of the deceased to pay debts. On the trial the plaintiff introduced in evidence a deed from Maltby G-.…
1Opinion of the Court
By the Court,
J. F. Barnard, J.
The application to sell the real estate of Sylvanus B. Havens, deceased, to pay his debts, was made by Loper as his administrator. (2 R. S. 100.) It could not be made in his character of guardian for the infant heirs of the deceased. Had there been no general guardian, the surrogate was at once and before taking a further step, required to appoint a guardian to appear- and take care of their interests, in the proceedings. If the infants had a general guardian in the cou'nty of the surrogate, such general guardian was required by statute to appear and take care of…
2Cited by4 opinions
- Stilwell v. . SwarthoutNew York Court of Appeals · 1880
- Jenkins v. YoungNew York Supreme Court · 1885
- Jenkins v. YoungNew York Supreme Court · 1887
- Jennings v. JonesNew York Surrogate's Court · 1876