Chapman v. . Tibbits
New York Court of Appeals
The sum of two hundred dollars was bequeathed to each of the five minor children of George L. Chapman, and the same was loaned to the latter, upon interest. To secure the payment thereof, he executed a bond, with a mortgage, in which his wife joined, upon certain lands in the county of Rensselaer, conditioned to pay the said principal sum of two hundred dollars, with the interest, to each of the said infants as they respectively attained the age of twenty-one years.
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The sum of two hundred dollars was bequeathed to each of the five minor children of George L. Chapman, and the same was loaned to the latter, upon interest. To secure the payment thereof, he executed a bond, with a mortgage, in which his wife joined, upon certain lands in the county of Rensselaer, conditioned to pay the said principal sum of two hundred dollars, with the interest, to each of the said infants as they respectively attained the age of twenty-one years. Afterwards he was duly appointed the general guardian of each of the said infants, by the surrogate of the county of Rensselaer,…
1Opinion of the CourtBrown, J.
There is no charge of fraud or complicity between the guardian and the defendant in regard to the money collected upon the mortgage. It was originally the guardian’s own debt, and he collected it from the defendant before it became due. This was rather an unusual circumstance ; but there may have been reasons for it, of which the guardian alone was the judge. He possessed over the estate and property of his wards the same power as a testamentary guardian, which was, to take the custody and management of their personal estate and the profits of their real estate. This custody and management…
2Cited by7 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888
- MacLay v. Equitable Life Assurance SocietySupreme Court of the United States · 1894
- Forbes v. ReynardAppellate Division of the Supreme Court of the State of New York · 1906
- Coakley v. MaharNew York Supreme Court · 1885
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