In re Dyer
New York Court of Chancery
This was an application to the chancellor, to discharge and cancel a mortgage given to the register of this court by Genet T. Lansing, as the general guardian of the person and estate of Thomas Dyer, an infant, appointed by the court of chancery in 1828, to secure the amount due from him as such guardian, upon payment of the balance due from him to the new guardian appointed by the surrogate.
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This was an application to the chancellor, to discharge and cancel a mortgage given to the register of this court by Genet T. Lansing, as the general guardian of the person and estate of Thomas Dyer, an infant, appointed by the court of chancery in 1828, to secure the amount due from him as such guardian, upon payment of the balance due from him to the new guardian appointed by the surrogate. It appeared, from the papers presented on the application, that after the infant had arrived at the age of fourteen years, he applied to the surrogate of Albany county, who appointed a new guardian in…
1Opinion of the Court
The Chancellor.
The surrogate had no jurisdiction or authority, in this case, to appoint a new guardian in the place of the one appointed by the court of chancery. And the appointment of such new guardian, and the taking of the account of the old guardian, by the surrogate, were both unauthorized and void. In the case of Nicoll, an infant, (1 John. Ch. Rep. 25,) Chancellor-Kent decided that a guardian, appointed by the court of chancery, for an infant under the age of fourteen, continued until the infant arrived at twenty-one, unless such guardian was removed by this court upon good cause…
2Cited by6 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Sitzman v. PacquetteWisconsin Supreme Court · 1860
- In re WagnerNew York Surrogate's Court · 1912
- In re WhiteAppellate Division of the Supreme Court of the State of New York · 1899
- In re McConnonNew York Surrogate's Court · 1908
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