Genet v. Tallmadge
New York Court of Chancery
PETITION for the payment, to the father, as guardian to his children, of the sum of 17,166 dollars and 76 cents, already paid into court, by the defendant, as administrator of George Clinton, deceased, for and on account of the distributive share of that estate due the petitioners, who are minors. The father (E. C. Genet) was appointed guardian to his children by this court, in September, 1812, and gave the security required.
1Opinion of the Court
The Chancellor.
There is one objection to the demand of the petitioner, which must prevail. The statute of sess. 36. c. 75., (1 N. R. L. p. 314.,) declares that every .person entitled to any legacy • or distributive share, shall, at the time of payment or delivery, give bond in double the sum demanded, with two sufficient sureties, to the executor or administrator, to refund, &c. if assets should fail for the payment of debts, &c. No such bond is tendered, and the application, on that ground, must fail.
But if this objection be removed, (as it probably may,) the petitioner, in his character of…
2Cited by10 opinions
- Johnson v. WaterhouseMassachusetts Supreme Judicial Court · 1891
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- Mauro v. RitchieU.S. Circuit Court for the District of District of Columbia · 1827
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