In re Feely
New York Surrogate's Court
Application on the part of the paternal grandfather, of Maggie Feely, Mary Feely, Annie Feely and William Feely, infants under fourteen years of age, asking that the letters of guardianship of the persons and estates of the said infants heretofore issued to their maternal grandmother should be revoked as to the guardianship of the infants, Maggie Feely and William Feely only, and that he may be appointed their guardian, on the ground that no notice was given to him of the…
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Application on the part of the paternal grandfather, of Maggie Feely, Mary Feely, Annie Feely and William Feely, infants under fourteen years of age, asking that the letters of guardianship of the persons and estates of the said infants heretofore issued to their maternal grandmother should be revoked as to the guardianship of the infants, Maggie Feely and William Feely only, and that he may be appointed their guardian, on the ground that no notice was given to him of the hearing of the maternal grandmother’s application to be appointed the guardian of the said infants.
1Opinion of the Court
The Surrogate.—The Revised Statutes require that when an application is made to the Surrogate for the appointment of a guardian for a minor under fourteen years of age, the Surrogate shall assign a day for the hearing thereof, and shall direct such notice of the hearing as he shall, on due inquiry, think reasonable to be served on such relatives of the minor, residing in the county, as he shall direct. (2 R. S., 151, § 5, as modified by § 44, ch. 460, L. 1837.)
This leaves a discretion in the Surrogate as to which *308relatives he will direct the notice to be served on; but it is not an arbitrary…
2Cases cited6 opinions
- Underhill v. DennisNew York Court of Chancery · 1841
- People ex rel. Wilcox v. WilcoxNew York Supreme Court · 1854
- In re the Guardianship of PierceNew York Supreme Court · 1856
- Holley v. ChamberlainNew York Surrogate's Court · 1860
- White v. PomeroyNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re LundbergCalifornia Supreme Court · 1904
- Guardianship of Taylor, Superior Court of California, County of San Francisco1886