In re Ziegler
Appellate Division of the Supreme Court of the State of New York
Appeal by Florence Louise Ziegler from a decree of the Surrogate’s Court of the county of New York, entered in the office of said surrogate on the 17th day of October, 1913, denying petitioner’s application to vacate and set aside the agreement for and the consent of the surrogate to the abrogation of the adoption of said petitioner by William Ziegler, now deceased, and his wife, Electa M. Ziegler.
1Opinion of the Court
Scott, J.:
The matters at issue and the questions of law involved are so fully and satisfactorily dealt with in the opinion of Mr. Surrogate Fowler (82 Mise. Rep. 346), which we adopt, that any further discussion at the present time is unnecessary.
We entertain some doubt, however, whether the Surrogate’s Court has jurisdiction to entertain the proceeding and to grant the relief desired. That court is one of strictly limited statutory jurisdiction and has no general equity powers. The proceedings, under the Domestic Relations Law (Gen. Laws, chap. 48 [Laws of 1896, chap. 272], § 66; now Consol.…
2Cited by19 opinions
- In re the Adoption of EatonNew York Court of Appeals · 1953
- In re the Adoption of DavisNew York Surrogate's Court · 1932
- In re the Adoption of CohenNew York Surrogate's Court · 1935
- In re MacLeanNew York Surrogate's Court · 1919
- In re the Adoption of a Minor under the Age of Fourteen YearsNew York Surrogate's Court · 1942
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