Legal Opinion

Kettletas v. Gardner

New York Court of Chancery

Decided June 1, 1829PublishedCited by 2 opinions

In January, 1818, James Gardner and Charlotte Ms wife were appointed by the surrogate of New York guardians of the persons and estates of Malvina Gardner and John Gardner, two infants. Malvina is now about Mneteen years of age and is married to Eugene Kettietas, and John is about seventeen years of age.

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In January, 1818, James Gardner and Charlotte Ms wife were appointed by the surrogate of New York guardians of the persons and estates of Malvina Gardner and John Gardner, two infants. Malvina is now about Mneteen years of age and is married to Eugene Kettietas, and John is about seventeen years of age. A petition was presented m each case setting forth that James Gardner had become insane and was in the lunatic asylum, and praying that he and his wife might be removed from the guardianship. A reference was made to a master to ascertain the facts. The master reported that at the time the…

1Opinion of the Court

The Chancellor :—The opinion of the master, that the guardian who has become so intemperate as to be occasionally insane, is unfit for a guardian without evidence of a thorough reformation in Ms habits, is perfectly correct. At the time the petitions were presented, the guardian was confined as a lunatic, which derangement was produced by Ms vicious habits. He was himself a proper subject of guardianship, x'and continues so, unless he has abandoned those habits. The court has no assurance that there is in him any permanent reformation. He has therefore forfeited the guardianship, and must be…

2Cited by2 opinions

  1. Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
  2. In re McConnonNew York Surrogate's Court · 1908

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