Skidmore v. Davies
New York Court of Chancery
This case came before the chancellor upon appeal from two separate and distinct orders or decisions of the surrogate of the city of Mew-York.
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This case came before the chancellor upon appeal from two separate and distinct orders or decisions of the surrogate of the city of Mew-York. The surrogate having removed the appellant Skidmore from his office and trust as guardian of the person and estate of the respondent, Mary Isabel Shaw, and directed H. E. Davies to be appointed in his place, made a further order, on the 26th of April, 1343, that Skidmore account for the moneys which had come to his hands as such guardian, or which ought to have been received by him as such guardian, and pay over to the new guardian whatever sum might be…
1Opinion of the Court
The Chancellor.
Upon the merits I can see no reason whatever for sustaining the appeal from either of these orders. Upon removal of the guardian it was a matter of course to require him to account, and to pay over to Ms successor the balance, if any, which should be found remaining in his hands upon such accounting. An appeal from an initiatory order of that kind, therefore, could o:iiy have been for the purpose of delay.
The application to set aside that order was also properly denied. As the sole object of the order was to appoint a time and place for the appellant to attend and render an…
2Cases cited1 opinion
- Gould v. WarnerNew York Supreme Court · 1829
3Cited by14 opinions
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Brick's EstateNew York Surrogate's Court · 1862
- Isham v. GibbonsNew York Surrogate's Court · 1849
- People v. CenterCalifornia Supreme Court · 1882
- Seaman v. . DuryeaNew York Court of Appeals · 1854
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