In re Hopson
New York Court of Chancery
In this case, the petitioner had attained the age of twenty-one years; and he prayed his guardian might account, without shewing that any thing was due or in the hands of the person who had acted as guardian. 1st. Because the guardianship was at an end; and therefore, the proceeding was wrong in point of form.. 2d. The party who had acted as guardian could only be called upon through a bill of complaint. And, 3d, there was no allegation of any thing being due.
Read the full summary
In this case, the petitioner had attained the age of twenty-one years; and he prayed his guardian might account, without shewing that any thing was due or in the hands of the person who had acted as guardian. 1st. Because the guardianship was at an end; and therefore, the proceeding was wrong in point of form.. 2d. The party who had acted as guardian could only be called upon through a bill of complaint. And, 3d, there was no allegation of any thing being due. Mr. Warner read an affidavit, showing that accounts had been rendered.
1Opinion of the Court
The Vice-Chancellor.
The petition does not set forth a single circumstance of misconduct on the part of the late guardian. But even if it did, I find no case where a person can be called upon to account through a petition, ¿fter the period of his guardianship has ceased. If the petitioner were under age, then; Under the rules and practice of the court, a bill Would be unnecessary.
In this case, the relation of guardian and ward has ceased; and the former is no longer an officer of the court. If the petitioner has any claim, he must file a bill.
Motion denied, with costs.
2Cited by10 opinions
- Sincoff v. Liberty Mutual Fire InsuranceNew York Court of Appeals · 1962
- Ohio Ex Rel. Eaton v. PriceSupreme Court of the United States · 1960
- Commissioner of Internal Revenue v. Tennessee Co.Court of Appeals for the Third Circuit · 1940
- Javna v. DJ Fredricks, Inc.New Jersey Superior Court Appellate Division · 1956
- Blanchard Lumber Company v. Ss Anthony IIDistrict Court, S.D. New York · 1966
5 more not listed; retrieve them via the Exa API.