Harring v. Coles
New York Surrogate's Court
I. Henry Coles, as sole surviving parent of Henrietta Coles, deceased, is entitled to the whole of her share of her mother’s estate. (2 R. S.,p. 160, 3d ed. (marg. p. 97), § 79, sub. 7. 1. A guardian has a right to appropriate the whole income of his ward towards her support, maintenance, education, &c., and this for past as well as present and future maintenance. (In the matter of Bostwick, 4 John., Ch. R., 100 ; Wilkes vs. Rogers, &c., 6 Johns.
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I. Henry Coles, as sole surviving parent of Henrietta Coles, deceased, is entitled to the whole of her share of her mother’s estate. (2 R. S.,p. 160, 3d ed. (marg. p. 97), § 79, sub. 7. 1. A guardian has a right to appropriate the whole income of his ward towards her support, maintenance, education, &c., and this for past as well as present and future maintenance. (In the matter of Bostwick, 4 John., Ch. R., 100 ; Wilkes vs. Rogers, &c., 6 Johns. R., 566; DePeyster vs. Clarkson, 2 Wend., 77; Hopk., 424; In the matter of Davison, 6 Paige, 136; Bradley vs. Amidon, 10 Paige, 235, 240, 242, 243 ;…
1Opinion of the Court
The Surrogate.
Epon the settlement of the account of the guardian, some charges were objected to as improper. The guardian is the father of the ward, and sup*352ported and maintained her from the date of his appointment, October 29, 1842, to the time of her marriage. The entire estate of the daughter consisted of one-sixth of the snm of $4,937 76, that being the amount of the interest of Mr. Coles’s deceased wife in the estate of her father, and which on her decease passed to her six children. The share of each child, then, was $822 96, and the interest on this about fifty-seven dollars a year.…
2Cited by6 opinions
- Perkins v. WestcoatColorado Court of Appeals · 1893
- In re the Estate of HaslehurstNew York Surrogate's Court · 1893
- Errickson v. FieldsNew Jersey Superior Court Appellate Division · 1879
- In re WinsorNew York Surrogate's Court · 1886
- Norton v. SillcocksNew York Surrogate's Court · 1885
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