Foreman v. Foreman
New York Supreme Court
Charles W. Foreman, deceased, being an infant, and being seised of certain lands in the county of Onondaga, by his general guardian Laban Hoskins, presented a petition on or about the 21st day of July, 1834, to the vice chancellor of the seventh circuit, for the sale thereof.
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Charles W. Foreman, deceased, being an infant, and being seised of certain lands in the county of Onondaga, by his general guardian Laban Hoskins, presented a petition on or about the 21st day of July, 1834, to the vice chancellor of the seventh circuit, for the sale thereof. And such proceedings were had thereon that said lands were sold to Richard Adams, for three thousand dollars, and to secure the purchase money a bond and mortgage was by order of the court executed by Adams to said Laban Hoskins, guardian as aforesaid, in trust for the said Charles W. Foreman, bearing date January 29th,…
1Opinion of the CourtMason, J.
Courts of equity, for the purpose of protecting the rights of parties, who as heirs or distributees, would otherwise be entitled to the fund, are careful not to permit guardians to change real estate into personal, or personal into real. And with that view it is the constant practice of the courts to hold lands purchased by the guardian, with the infant’s personal estate, or the rents and profits of the real estate, to be personalty and distributable as such; and on the other hand to treat real property turned into money as still, for such purpose, real estate. (2 Story’s Eq. Jur. § 1357. 6…
2Cited by4 opinions
- Shumway v. CooperNew York Supreme Court · 1853
- Adams v. SmithNew York Supreme Court · 1887
- Elliott v. BalcomMassachusetts Supreme Judicial Court · 1858
- Ferry v. DunhamAppellate Division of the Supreme Court of the State of New York · 1909