Bayer v. Phillips
New York Supreme Court
Submission of controversy upon agreed statement made between Minnie Bayer, as general guardian of Edwin M. Bayer and Stephen A. Bayer, infants, with James L. Phillips. The plaintiff was a judicially appointed guardian of the persons and estates of these infants, and to her, as such, a bond and mortgage forming part of the personal estate of the infants had been assigned.
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Submission of controversy upon agreed statement made between Minnie Bayer, as general guardian of Edwin M. Bayer and Stephen A. Bayer, infants, with James L. Phillips. The plaintiff was a judicially appointed guardian of the persons and estates of these infants, and to her, as such, a bond and mortgage forming part of the personal estate of the infants had been assigned. On default in payment, she sued as general guardian and sole plaintiff, to foreclose the mortgage; and, having obtained judgment directing a sale, purchased the property as such general guardian at the sale, and a deed was…
1Opinion of the Court
Per Curiam.*
—There are two points at issue in this controversy which has sprung out of the facts agreed upon.
As to the first point,—namely, whether the foreclosure action was properly brought in the name of Minnie *429Bayer, general guardian, as sole plain US’,—we think that there can be no doubt that the action was properly brought in her name, she being a trustee of an express trust within the meaning of the Code.
As to the second point, we entertain no doubt that under the facts and circumstances disclosed, the guardian had the right to sell the property without obtaining an order of the court…
2Cases cited21 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Wetmore v. . PorterNew York Court of Appeals · 1883
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3Cited by2 opinions
- In re the Judicial Settlement of the Accounts of BoltonNew York Surrogate's Court · 1897
- Howe v. StrikerThe Superior Court of the City of New York and Buffalo · 1893