Bennett v. Byrne
New York Court of Chancery
This was an appeal, from an order of the surrogate of the county of Greene, appointing Polly Byrne guardian of the, person and estate of James Byrne, an infant. The facts in the case, as they appeared in the return of the surrogate, were as follows: James Byrne, the father, of the infant, married the daughter of John Bennett, the appellant, in 1843, and died at the house of his father-in-law, in March, 1845, leaving his wife surviving him.
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This was an appeal, from an order of the surrogate of the county of Greene, appointing Polly Byrne guardian of the, person and estate of James Byrne, an infant. The facts in the case, as they appeared in the return of the surrogate, were as follows: James Byrne, the father, of the infant, married the daughter of John Bennett, the appellant, in 1843, and died at the house of his father-in-law, in March, 1845, leaving his wife surviving him. By his will he bequeathed the income of §1500 to his mother for life, and directed the principal of that legacy to be equally divided between his two…
1Opinion of the Court
The Chancellor.
It was improper to approve of the bond, of the sureties, without requiring them to justify. The return of the surrogate that he knew the sureties to be responsible, amounts to nothing. For I cannot infer, from that; that he *219means to return under his oath of office that he knew they were worth §7000 over and above all debts and responsibilities. The proper course for the surrogáte, upon the appointment of a guardian, is to ascertain, by the examination of witnesses, the probable amount of the personal estate,, and of the income of the realty during the minority of the infant.…
2Cited by8 opinions
- Jones v. BowmanWyoming Supreme Court · 1904
- In re WagnerNew York Surrogate's Court · 1912
- Holley v. ChamberlainNew York Surrogate's Court · 1860
- In re McConnonNew York Surrogate's Court · 1908
- Burmester v. OrthNew York Surrogate's Court · 1881
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