Forman v. . Marsh
New York Court of Appeals
Appeal from a judgment of the supreme court sitting in the fifth district. In 1835, certain real estate situate in the county of Onondaga, owned by Charles W. Forman, an infant, and which descended to him from his father, was sold by the direction and order of the court of chancery upon proceedings for that purpose duly instituted and conducted. Laban Haskins was the special guardian of the infant in this proceeding, and Richard Adams was the purchaser of the real estate.
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Appeal from a judgment of the supreme court sitting in the fifth district. In 1835, certain real estate situate in the county of Onondaga, owned by Charles W. Forman, an infant, and which descended to him from his father, was sold by the direction and order of the court of chancery upon proceedings for that purpose duly instituted and conducted. Laban Haskins was the special guardian of the infant in this proceeding, and Richard Adams was the purchaser of the real estate. To secure the purchase money, which was $3000, Adams executed to Haskins as such special guardian his bond and a mortgage…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The question is presented, whether, at the time of the death of Charles W. Forman, the bond and mortgage in controversy were real estate descendible to his heirs, or personal estate distributable amongst his next of kin.
The right of the guardian to change the nature of the estate of his ward was acknowledged by the court of chancery…
2Cited by16 opinions
- In Re the Judicial Settlement of Accounts of BoltonNew York Court of Appeals · 1899
- Ellwood v. . NorthrupNew York Court of Appeals · 1887
- In Re the Final Judicial Settlement of the Account of McCombNew York Court of Appeals · 1889
- In re the Estate of VanderbiltNew York Surrogate's Court · 1927
- Matter of PriceNew York Court of Appeals · 1876
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