People ex rel. Brooklyn Industrial School & Home for Destitute Children v. Kearney

By the Court, Brown, J.

This is a certiorari, brought to remove and review certain proceedings upon a habeas corpus, had before Samuel D. Morris, Esq., county judge of Kings county, in which he awarded the custody of Catharine Baffin and Mary Ann Josephine Baffin, infant children of John Baffin, deceased, to the defendant, Thomas Kearney. The relator claimed the custody of the children by virtue of an instrument in writing executed by John Baffin, the father, on the *43113th December, 1858, and just before his death;(a) and the defendant claimed the care and control of them as their guardian, duly…