Legal Opinion

In re Hosford

New York Surrogate's Court

Decided March 15, 1877PublishedCited by 4 opinions

The petition alleged, among other things, that the petitioner was a minor over the age of fourteen years, residing at Springfield, in the state of Massachusetts: and that she was entitled to a certain property within the county of Westchester, to wit, a * legacy of one' thousand dollars bequeathed to her by Azuba E. Barney late of Greenburg, in said county, deceased; and prayed that John 0. Oonnor Jr. Esq., of the city of New York, be appointed the guardian of her person and…

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The petition alleged, among other things, that the petitioner was a minor over the age of fourteen years, residing at Springfield, in the state of Massachusetts: and that she was entitled to a certain property within the county of Westchester, to wit, a * legacy of one' thousand dollars bequeathed to her by Azuba E. Barney late of Greenburg, in said county, deceased; and prayed that John 0. Oonnor Jr. Esq., of the city of New York, be appointed the guardian of her person and estate.

1Opinion of the Court

The Surrogate

The power to appoint guardians for minors is conferred on surrogates hy the sections 4, 5 and 6, pp. 150, 151, 2 R. S. (5th Ed. Vol. 3 pp. 243, 244.) The first of those sections provides, that where the father shall have failed to appoint such guardian, hy deed or will, then a min or “of the age of fourteen years, may apply, by petition, to the Surrogate of the county *169where the residence of such minor may be,” for the appointment of such guardian. The next section provides for the application in behalf of one under fourteen years of age, “ to the Surrogate of the county where…

2Cases cited3 opinions

  1. McLoskey v. ReidNew York Surrogate's Court · 1857
  2. Brown v. LynchNew York Surrogate's Court · 1852
  3. In re the Guardianship of PierceNew York Supreme Court · 1856

3Cited by4 opinions

  1. In re WagnerNew York Surrogate's Court · 1912
  2. In re McConnonNew York Surrogate's Court · 1908
  3. In re FitchNew York Surrogate's Court · 1877
  4. West v. GuntherNew York Surrogate's Court · 1885

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