Legal Opinion

In re Van Vranken

New York Supreme Court

Decided December 31, 1888Published

Appeal from surrogate’s court, Schenectady county. Anna R. Barliydt filed her petition asking to be appointed temporary guardian of Alberta Van Vranken, a minor under the age of 14 years, which was done. Albert C. Van Vranken, father of the infant, appeals. Code Civil Proc.

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Appeal from surrogate’s court, Schenectady county. Anna R. Barliydt filed her petition asking to be appointed temporary guardian of Alberta Van Vranken, a minor under the age of 14 years, which was done. Albert C. Van Vranken, father of the infant, appeals. Code Civil Proc. N. T. § 2573, provides that every person who, on the face of special proceedings before a surrogate, appears to be a necessary party, if not already a party, shall be made so, and all parties and persons interested shall be made-parties to an appeal unless legally represented.

1Opinion of the CourtLearned, P. J.

This is an appeal taken by Albert C. Van Vranken, father of the infant, from two orders of the surrogate appointing Anna R. Barhydt guardian of said infant. The first order appointed her on her filing a bond; the second recited the filing of the bond, and appointed her absolutely. The only papers which appear on this appeal are the petition of Anna Barliydt, dated the day the first order was made, and a petition of this appellant dated *446.the same day, asking the appointment of Antoinette Van Vranken as such guardian, which petition is recited in the first order, and practically denied. •The…

2Cases cited2 opinions

  1. Underhill v. DennisNew York Court of Chancery · 1841
  2. Kellinger v. RoeNew York Court of Chancery · 1839

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