In re the Judicial Settlement of the Account of Sack
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary S. Sack, as guardian of the estate of Rosa. E, Freeland, from an order of the Surrogate’s Court of the county of Niagara, entered in said Surrogate’s Court on the 18th day of December, 1901, denying her motion to dismiss a petition on the ground that the claim of the petitioner to compel an accounting was. barred by the Statute of Limitations, and requiring her to file an account as general guardian of the petitioner.
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Appeal by Mary S. Sack, as guardian of the estate of Rosa. E, Freeland, from an order of the Surrogate’s Court of the county of Niagara, entered in said Surrogate’s Court on the 18th day of December, 1901, denying her motion to dismiss a petition on the ground that the claim of the petitioner to compel an accounting was. barred by the Statute of Limitations, and requiring her to file an account as general guardian of the petitioner. The petition in this proceeding shows that the appellant was-duly appointed the general guardian of the petitioner by the decree of the Surrogate’s Court on the…
1Opinion of the Court
Spring, J.:
We must assume upon this appeal that the appellant received over $1,500 belonging to her ward which she still retains, and that the petitioner, until about the time of the commencement of this proceeding, did not know that her guardian had this money in her custody. During the long period elapsing since the petitioner became of age there has been no repudiation or disclaimer of the guardianship by the guardian, or of the receipt and retention of the moneys by her in that capacity. While the duty'was upon the guardian to initiate proceedings for the settlement of her account she has…
2Cases cited6 opinions
- Matter of Petition of CampNew York Court of Appeals · 1891
- Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- In re the Estate of JonesAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Estate of TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- In re GrandinNew York Supreme Court · 1891
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3Cited by3 opinions
- Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1915
- Libby v. Van DerzeeAppellate Division of the Supreme Court of the State of New York · 1903
- Mitchell v. MitchellNew York Surrogate's Court · 1915