Downing v. Smith
New York Surrogate's Court
Application on behalf of the ward, after coming of age, to compel his general guardian to account and to pay over the balance which may be found due to Mm.
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Application on behalf of the ward, after coming of age, to compel his general guardian to account and to pay over the balance which may be found due to Mm. The guardian filed his account, showing that on the 11th day of March, 1878, the estate of the ward in his hands should have been $17,143. He claimed that on that day, and shortly after the ward had become of age, he had a settlement with his ward, and assigned to him a mortgage (without any bond) for §18,000 on certain lands in New Jersey, which the ward accepted as an equivalent for the said amount due to him, and which mortgage was…
1Opinion of the Court
The Surrogate.—The authorities seem to hold that this court has no jurisdiction to set aside or try the validity of any settlement or agreement. (Bevan v. Cooper, 72 N. Y., 329 ; Sampson v. Wood, 10 Abb., N. S. 223, notes ; Decker v. Morton, 1 Bedf., 477, 484.)
*312The Only question, therefore, is whether the mortgage for $18,000 was delivered to the ward and accepted by him in satisfaction of the sum of $17,143.'
The evidence shows that the mortgage was delivered to the ward, and the receipt is conclusive evidence of the ‘fact that it was accepted by him as equivalent to that amount—that means in…
2Cases cited4 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Ryan v. . WardNew York Court of Appeals · 1872
- Coon v. . KnapNew York Court of Appeals · 1854
- Miller v. . CoatesNew York Court of Appeals · 1876
3Cited by1 opinion
- Sutton v. WeeksNew York Surrogate's Court · 1882