Farnsworth v. Oliphant
New York Supreme Court
THIS was an appeal from an order of the surrogate of the county of Washington, dismissing a petition for an account. The petition, which was filed on the 15th of "April, 1853, set forth that in May, 1837, Robert W. Oliphant, the husband of the respondent, was appointed the general guardian of the appellant and his brother, who were infants ; that he acted as such guardian until some time in the year 1842, when he died intestate ; and that in the month of June in that year…
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THIS was an appeal from an order of the surrogate of the county of Washington, dismissing a petition for an account. The petition, which was filed on the 15th of "April, 1853, set forth that in May, 1837, Robert W. Oliphant, the husband of the respondent, was appointed the general guardian of the appellant and his brother, who were infants ; that he acted as such guardian until some time in the year 1842, when he died intestate ; and that in the month of June in that year the respondent was appointed administratrix and Edwin Foot administrator, by the surrogate of Washington county, and had…
1Opinion of the Court
By the Court,
C. L. Allen, J.
It does not distinctly appear, from the decree, upon what ground the surrogate based his decision dismissing the proceedings before him. , The great and serious question in the case, however, is, in my judgment, whether he had any power to call the respondent and her co-administrator to such an accounting as was prayed for in the petition. It has often been remarked, and decided, that the surrogate’s court is entirely a creation of the statute, and that the surrogate can exercise no pow;er or authority except such as is expressly conferred upon him by the statute.…
2Cases cited3 opinions
- In re Van WyckNew York Court of Chancery · 1846
- Cuddeback v. KentNew York Court of Chancery · 1835
- Stilwell v. MillsNew York Supreme Court · 1822
3Cited by9 opinions
- Tudhope v. PottsMichigan Supreme Court · 1892
- In re the Estate of RanneyNew York Surrogate's Court · 1884
- Bieder v. SteinhauerNew York Supreme Court · 1885
- In re the Judicial Settlement of the Accounts of LewisNew York Surrogate's Court · 1902
- Herbert v. StevensonNew York Surrogate's Court · 1884
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