In re Sandison's Estate
New York Supreme Court
Appeal, from surrogate’s court, New York county. Petition by George McGrath and Charles N. Johnston, sureties on the bond of James Brown as former general guardian of Elizabeth Sandison, an infant, to open a decree settling the account of such guardian. From an order denying the petition, petitioners appeal.
1Opinion of the CourtParker, J.
The appellants, sureties on a general guardian’s bond, petitioned the surrogate that the decree settling the guardian’s accounts be opened, to the end that the sureties might be permitted to show that there was not anything due to the ward from the general guardian. James Brown was the general guardian of the infant, and also the executor under the will of her grandmother, in which capacity he received certain moneys bequeathed to the infant. The sureties insist that the general guardian was in the decree settling his accounts wrongfully charged with moneys he held as executor. The moneys…
2Cited by3 opinions
- Allen v. KellyAppellate Division of the Supreme Court of the State of New York · 1900
- Lowman v. Elmira, C. & N. RailroadNew York Supreme Court · 1895
- In re the Judicial Settlement of the Account of MillsNew York Surrogate's Court · 1899