In re Bookhout

Elizabeth Bookhout and others, infants, by their next friend, have presented to me, at chambers, a petition praying that a guardian may be appointed to sell their real estate. The petition is directed to me by name. It should have been directed “ to the supreme court of the state of New York.” (No. 8, Equity Rules of 1847.) The important question, however, which I propose to discuss on this application, or rather motion, (Code, § 401,) is whether a justice of the supreme court at chambers can entertain proceedings and appoint a guardian for the sale of infants’ real estate. Buies 60 and 61 of…