Stilwell v. Mills
New York Supreme Court
THIS' was an action of debt' on a bond given by the defendants, on the appointment of Mills and Ludington, as guardians of the wife of the plaintiff, when she was a sole. She was the daughter of L. and being about 15 years of age, the Surrogate of Onondaga, on the 6th December, 1813, appointed L. and M. as her guardians, pursuant to the statute.
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THIS' was an action of debt' on a bond given by the defendants, on the appointment of Mills and Ludington, as guardians of the wife of the plaintiff, when she was a sole. She was the daughter of L. and being about 15 years of age, the Surrogate of Onondaga, on the 6th December, 1813, appointed L. and M. as her guardians, pursuant to the statute. The bond was for one thousand a . dollars, conditioned; that L. and M* should, in all things, duly discharge their duties as guardians of the infant, and render a just and true account of such guardianship, before any Court having cognizance thereof,…
1Per curiam
It does not appear that the accounts of the guardianship have been settled by the parties, or that any proceedings have been had before the Chancellor, requiring an account of the guardians. Until the accounts are' thus settled, an action cannot be sustained on the bond. A guardianship is a trust, and it peculiarly and exclusively belongs to the Chancellor. (1 Madd. Ch. 269., and the cases there cited.) A guardian must first be called to account, before the surety is liable. 1 Johns. Ch. Rep. 607.
The Chancellor is authorized to make allowances to the guardian, and that Court has every…
2Cases cited1 opinion
- Wiser v. BlachlyNew York Court of Chancery · 1815
3Cited by12 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Linton v. WalkerSupreme Court of Florida · 1858
- Farnsworth v. OliphantNew York Supreme Court · 1854
- French v. . DauchyNew York Court of Appeals · 1892
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