Strubbe v. Kings County Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry G. Strnbbe, from a judgment of the Supreme Court in favor of the defendant, The Kings County Trust Company, Guardian, etc., entered in the office of the clerk of the county of Kings on the 24th day of October, 1900, upon the decision of the court rendered after a trial at the Kings' County Special Term sustaining the said defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Woodward, J.:
It will be conceded, in harmony with a long line of authorities, that this court has general jurisdiction over guardians. So far back *550as the days of Grotius we are told that guardians “ are bound to do everything of importance with the knowledge and advice of the Orphan-Chamber, unless it has been excluded by last will; but even when this is the case, the court always retains its upper-guardianship in case of need.” (Introduction to Dutch Jurisprudence' [Maasdorp Tr.], book 1, chap. 9, § 2.) His great contemporary, Domat, lays down the proposition thattc the tutor may lay out all…
2Cases cited3 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- In Re the Appointment of a General Guardian of HubbardNew York Court of Appeals · 1880
- Brown v. . SnellNew York Court of Appeals · 1874
3Cited by3 opinions
- In re WagnerNew York Surrogate's Court · 1912
- Gillespie v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1904
- Keene v. Newark Watch Cash Material Co.New York Supreme Court · 1902