Burmester v. Orth
New York Surrogate's Court
Application for letters of guardianship of an infant’s property and person. Charles Burmester, on July 10, petitioned for letters of guardianship of the person and estate of the infant, as his next friend, setting forth that he had resided with petitioner for the past three years; that his father was dead, and his nearest relative was his mother, Mina Orth ; that he was entitled to $1,000, personal property, and was of the age of ten years.
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Application for letters of guardianship of an infant’s property and person. Charles Burmester, on July 10, petitioned for letters of guardianship of the person and estate of the infant, as his next friend, setting forth that he had resided with petitioner for the past three years; that his father was dead, and his nearest relative was his mother, Mina Orth ; that he was entitled to $1,000, personal property, and was of the age of ten years. Wilhelmina Orth, the mother, on July 25, filed a like petition, alleging that the infant was nine years of age, and that his nearest relative in New York…
1Opinion of the Court
The Surrogate.
It is obvious that the mother, being a suitable person, able to maintain and educate her minor child, on the death of the father, is entitled to the guardianship of the minor, for the reason that the law presumes that she has such an affection for, and interest in, her child, as would prompt her to the best *262care for its welfare; but that presumption seems to be entirely overcome in this case.
I am aware that to discriminate against a parent, in the appointment of a guardian for a minor, is the exercise of a very delicate and high prerogative on the part of a judicial officer, and…
2Cases cited2 opinions
- Underhill v. DennisNew York Court of Chancery · 1841
- Bennett v. ByrneNew York Court of Chancery · 1847
3Cited by3 opinions
- In re McConnonNew York Surrogate's Court · 1908
- Guardianship of Hansen, Superior Court of California, County of San Francisco1886
- In re the appointment of a guardian of MeechNew York Surrogate's Court · 1889