Matter of Application of Mary E. Hynes
New York Court of Appeals
These are cross appeals irom an oroer of the General Term hf the Supreme Court in the first judicial department, made December 31,1886, which modified, and affirmed as modified, !an order directing the sale of certain real estate belonging to William It. and Andrew Hynes, infants, to pay debts. The indebtedness in dispute was a claim of John L. Brower ¡for compensation as attorney in prosecuting certain ejectment suits to recover possession of the infants’ real estate.
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These are cross appeals irom an oroer of the General Term hf the Supreme Court in the first judicial department, made December 31,1886, which modified, and affirmed as modified, !an order directing the sale of certain real estate belonging to William It. and Andrew Hynes, infants, to pay debts. The indebtedness in dispute was a claim of John L. Brower ¡for compensation as attorney in prosecuting certain ejectment suits to recover possession of the infants’ real estate. The father of said infants died seized of the real estate in Question. It was taken possession of by certain relatives…
1Opinion of the CourtPeckham, J.
There can be no doubt of the authority of a guardian in socage to make a contract such as this.
By our Revised Statutes, under the facts in this case, the mother became a general guardian with the rights, powers and duties of a guardian in socage. (1 R. S., 718, § 5.) Such a guardian had a right to the possession of the ward’s lands, and to the receipt of the rents and profits thereof, and could maintain ejectment to recover possession of such lands. (Jackson v. De Walts, 7 Johns. 157; Beecher v. Grouse, 19 Wend. 306 ; Byrne v. Van Hoesen, 5 Johns. 66 ; Sylvester v. Ralston, 31 Barb. 286 ;…
2Cases cited5 opinions
- Taylor v. BemissSupreme Court of the United States · 1884
- Emerson v. . SpicerNew York Court of Appeals · 1871
- Byrne v. Van HoesenNew York Supreme Court · 1809
- Sylvester v. RalstonNew York Supreme Court · 1859
- Jackson ex dem. Davy v. De WaltsNew York Supreme Court · 1810
3Cited by12 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Sears v. CollieCourt of Appeals of Kentucky · 1912
- Lee v. Van VoorhisNew York Supreme Court · 1894
- Schultheis v. NashWashington Supreme Court · 1902
- Sanders v. WoodburyCourt of Appeals of Kentucky · 1912
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