Welch v. Gallagher
New York Surrogate's Court
Petition by Bridget Welch to compel the general guardian of her infant children’s property, to pay her alleged claim against said guardian in his official capacity, to wit, the sum of about $800 for the board, apparel, etc., of those infants.
1Opinion of the Court
The Surrogate.
This proceeding is instituted upon the petition of Bridget Welch to" compel the general guardian of her infant children to account, and to pay an alleged claim held by her against said guardian.
The guardian disputes the validity of this claim, and moves the dismissal of the proceeding, on the grounds that it is not authorized by statute, and that the Surrogate has no jurisdiction to litigate, and pass upon, a disputed claim. The objections are tenable. The supervision over guardians possessed by the Surrogate, and his power as to the settlement of their accounts, are purely…
2Cases cited5 opinions
- McNulty v. . HurdNew York Court of Appeals · 1878
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Tucker v. TuckerNew York Court of Appeals · 1868
- Diaper v. AndersonNew York Supreme Court · 1862
- In re DyerNew York Court of Chancery · 1836
3Cited by2 opinions
- In re Stoehr's EstateNew York Surrogate's Court · 1893
- In re Alden's WillNew York Surrogate's Court · 1912