Corrie's Case
High Court of Chancery of Maryland
James Corrie, by his petition, stated that his brother John Corrie, late of the Island of 'Trinidad, had died there, leaving a considerable real and personal estate, which, by his last will, he had given to the children of his six brothers and sisters; that the petitioner had eight infant children, who were consequently entitled to one-sixth part of the estate so devised and bequeathed; and that by the laws of Trinidad, the estate so given to his infant children, could only…
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James Corrie, by his petition, stated that his brother John Corrie, late of the Island of 'Trinidad, had died there, leaving a considerable real and personal estate, which, by his last will, he had given to the children of his six brothers and sisters; that the petitioner had eight infant children, who were consequently entitled to one-sixth part of the estate so devised and bequeathed; and that by the laws of Trinidad, the estate so given to his infant children, could only be recovered by their guardian. Whereupon he prayed, that he might be appointed their guardian for that purpose.
1Opinion of the Court
Bland, Chancellor.
It is clear, that in all ordinary cases, arising wholly within the jurisdiction of Maryland, this court, when it may be proper for it to act at all, may make an appointment of a guardian to an infant upon petition only, without any bill filed or suit in court; (a) and therefore, if this be a case in which it may act with propriety, there can be no doubt, *490that it may, upon this petition alone, make such an appointment as is called for, without a suit. But it would be idle to act at all, if it should clearly appear, that the action of the Chancellor could be of no avail; and…
2Cases cited17 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Manro v. AlmeidaSupreme Court of the United States · 1825
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Holmes v. RemsenNew York Supreme Court · 1822
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
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