In re the Guardianship of Pierce
New York Supreme Court
This was an application to remove a general guardian, appointed by the surrogate of Westchester county^ of the infant, Hannah M. Pierce, aged twelve years. The father of the infant resided, in his lifetime, in Westchester county, where he died in 1845, leaving a widow and this infant.
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This was an application to remove a general guardian, appointed by the surrogate of Westchester county^ of the infant, Hannah M. Pierce, aged twelve years. The father of the infant resided, in his lifetime, in Westchester county, where he died in 1845, leaving a widow and this infant. Shortly after the decease of her husband, Mrs. Pierce removed to Monroe county with her child, where her parents resided, and continued to reside with her parents until 1850, when she died at her father’s house, leaving the infant there, having made a will, by which she bequeathed all her estate, amounting to…
1Opinion of the Court
E. Darwin Smith, Justice.
The mother of an infant child not being authorized by law to dispose of the custody and tuition of such child during its minority, (§ 1, Title 1, Chap. 8, of Rev. Stat. p. 150,) the appointment by Mrs. Pierce of her brother, Ambrose Cox, testamentary guardian is of course void; but as an expression of her wishes, at the time of her decease, in respect to her infant daughter, is entitled to respect, and ought to control the question of guardianship of the infant in all courts, unless good reason exists to the contrary, occurring since her decease. And a provision of…
2Cases cited1 opinion
- Disbrow v. HenshawCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by8 opinions
- In re McConnonNew York Surrogate's Court · 1908
- In re HosfordNew York Surrogate's Court · 1877
- In re FeelyNew York Surrogate's Court · 1880
- In re de MarcellinNew York Surrogate's Court · 1880
- Ex parte BellCourt of Appeals of Tennessee · 1875
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