Legal Opinion
In re the Petition for the Appointment of a General Guardian for Thoemmes
Appellate Division of the Supreme Court of the State of New York
Decided June 8, 1933PublishedCited by 4 opinions
1Opinion of the CourtEdgcomb, J.
This proceeding was instituted for the appointment of a general guardian of the person and property of Dorothy E. Thoemmes, an infant under the age of fourteen years. Its original purpose, however, was quickly lost sight of, and it has proceeded from the outset as one solely to determine the custody of the child.
Other things being equal, the general guardian of the person of a child is entitled to its custody and control. (Matter of Yardum, 228 App. Div. 854, 855.) Consequently, if a general guardian had been appointed by the Special Term, and he or she had been a proper person, the custody…
2Cases cited8 opinions
- Matter of KnowackNew York Court of Appeals · 1899
- People Ex Rel. Pruyne v. . WaltsNew York Court of Appeals · 1890
- Matter of LeeNew York Court of Appeals · 1917
- Ullman v. UllmanAppellate Division of the Supreme Court of the State of New York · 1912
- Waring v. . WaringNew York Court of Appeals · 1885
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3Cited by4 opinions
- Allen v. FiedlerAppellate Division of the Supreme Court of the State of New York · 2012
- In re VardinakisNew York Family Court · 1936
- Allen v. FiedlerAppellate Division of the Supreme Court of the State of New York · 2012
- Shea v. SheaAppellate Division of the Supreme Court of the State of New York · 1955