Legal Opinion

Hoyt v. Hilton

New York Court of Chancery

Decided April 28, 1834PublishedCited by 4 opinions

Bill of infants under fourteen years of age by their father and “ guardian of their persons and estates,” against the executors named in their grandfather’s will, for the payment of legacies to them “ or their said guardian.”

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Bill of infants under fourteen years of age by their father and “ guardian of their persons and estates,” against the executors named in their grandfather’s will, for the payment of legacies to them “ or their said guardian.” By the will of Benjamin Hilton (the grandfather) the children of his daughter Susan, and who were the complainants, had the sum of six hundred dollars bequeathed to each of them and to be paid when they should each attain the age of twenty-one years or day of marriage, with survivorship in case of death. But, by a codicil, the testator revoked these legacies and…

1Opinion of the Court

The Vice-Chancellor:

The codicil in this case is clear a.nd explicit; and there can be no doubt of the right of the children of Susan to an immediate payment of their legacies. But, I consider there are objections to a suit of this nature. The bill is filed by the father of the legatees as their general guardian, appointed by the Surrogate. This gives him no authority to come into this court. A suit for the benefit of infants should be filed by a prochein amy; and, since the Revised Statutes, no one else can do it. I hold the statutes to be imperative on this head.

Again: there was no occasion…

2Cited by4 opinions

  1. In re the Judicial Settlement of the Account of ScovilleNew York Surrogate's Court · 1911
  2. Ex parte BellCourt of Appeals of Tennessee · 1875
  3. In re LichtenstadterNew York Surrogate's Court · 1886
  4. Steinele v. OechslerNew York Surrogate's Court · 1881

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