In Re the Appointment of a General Guardian of Hubbard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term which appointed the appellant, John D. West-lake, as general .guardian of the persons and estates of Maude and Mabel Hubbard, infants ; the order of General Term appointed the respondent, Charles A. Hubbard, as such guardian. The facts are sufficiently set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term which appointed the appellant, John D. West-lake, as general .guardian of the persons and estates of Maude and Mabel Hubbard, infants ; the order of General Term appointed the respondent, Charles A. Hubbard, as such guardian. The facts are sufficiently set forth in the opinion. The court erred in directing the appointment of a non-resident as guardian. (76 Ill. 411; Wend. Note, 13; 1 Black. Com. 163; Forsyth’s Custody of Infants, 135; 25 Wend. 103, 104; Willard’s…
1Opinion of the CourtAndrews, J.
The jurisdiction of the Court of Chancery over the persons and property of infants, and to appoint guardians of their persons and estates, whatever may have been its origin, is universally conceded, and is one of the most useful and important functions which it is called upon to exercise. (Story’s Eq. Jur., § 1327 et seq) The power formerly possessed in this State by the Chancellor is now vested in the Supreme Court which exercises, through its judges, the same jurisdiction over infants in awarding the custody and care of their persons and property as was possessed and exercised by that…
2Cases cited3 opinions
- Wilcox v. . WilcoxNew York Court of Appeals · 1856
- Andrews v. HerriotNew York Supreme Court · 1825
- Ludlam v. . LudlamNew York Court of Appeals · 1863
3Cited by46 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- Sampsell v. Superior CourtCalifornia Supreme Court · 1948
- Goldsmith v. SalkeyTexas Supreme Court · 1938
- Wicks v. CoxTexas Supreme Court · 1948
- In Re the Application for Letters of Guardianship of the Person & Property of ThorneNew York Court of Appeals · 1925
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