Wiser v. Blachly
New York Court of Chancery
THIS cause coming on to a hearing, H. BleecJcer, for the defendants, objected to the hearing, on the ground, that to the answers of the executors replications had been filed, and that no rule had been entered to produce witnesses.
1Opinion of the Court
The Chancellor.
There must be a reference to the master, to take an account of the property which it is admitted, or proved, has come to the possession of the guardian; and, under the allegations contained in the case, it will be proper for the master to inquire, also, into the fitness and competency of the guardian to continue in his trust. Perhaps it will be premature to take an account of the assets in the hands of the executors of the surety, until the default ofthe principal, and his inability to pay, are first ascertained. But as to the main point in the case, whether the surety is to be…
2Cited by18 opinions
- Bernards Township v. StebbinsSupreme Court of the United States · 1883
- United States v. PriceSupreme Court of the United States · 1850
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Ewing v. WilsonIndiana Supreme Court · 1892
- Gerould v. . WilsonNew York Court of Appeals · 1880
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