In re Andrews
New York Court of Chancery
THE petition of Sarah Gilbert stated, that she was mother of the infant, who was born in October, 1807, and that in December, 1808, Justus Gilbert, the second husbafl-al of the petitioner, was, by the surrogate of Cayuga eíi'iníy, appointed guardian to the infant, and by virtue of that appointment possessed himself of the real and personal estate of the infant. r that in January, 1812, Justus Gilbert absented himself from the petitioner in a secret manner, and enlisted in…
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THE petition of Sarah Gilbert stated, that she was mother of the infant, who was born in October, 1807, and that in December, 1808, Justus Gilbert, the second husbafl-al of the petitioner, was, by the surrogate of Cayuga eíi'iníy, appointed guardian to the infant, and by virtue of that appointment possessed himself of the real and personal estate of the infant. r that in January, 1812, Justus Gilbert absented himself from the petitioner in a secret manner, and enlisted in the armyofthe U. S. for five years. That he is now on the western frontier, and has converted to his own use the personal…
1Opinion of the Court
The Chancellor.
Though the guardian was, in this case, appointed by the surrogate, under the act of 1813, (N. R. Laws, vol. 1. 454.,) he is as much under the superintendance and control of this court, as if he had been appointed by it in the first instance. The power of the surrogate extends only to the appointment of the guardian; he has no general jurisdiction over him as trustee. That power remains unimpaired in this court, and every guardian, however appointed, is responsible here for his conduct, and may be removed for misbehaviour. It has repeatedly been declared, that a testamentary or…
2Cited by9 opinions
- Matter of Petition of CampNew York Court of Appeals · 1891
- In re WagnerNew York Surrogate's Court · 1912
- Lincoln v. AlexanderCalifornia Supreme Court · 1877
- In re McConnonNew York Surrogate's Court · 1908
- James v. RobertsWisconsin Supreme Court · 1930
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