Holley v. Chamberlain
New York Surrogate's Court
Nathan Chamberlain, paternal uncle of the child, applied for the appointment of Elon K. Downer, as guardian of the estate of Charles Chamberlain, a minor, of the age of five years, whose father is dead, but his mother is living. All the competent male relatives of the child, being five paternal uncles and two maternal uncles, consented to this appointment. On the first hearing, the mother opposed the appointment, claiming that she should be appointed.
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Nathan Chamberlain, paternal uncle of the child, applied for the appointment of Elon K. Downer, as guardian of the estate of Charles Chamberlain, a minor, of the age of five years, whose father is dead, but his mother is living. All the competent male relatives of the child, being five paternal uncles and two maternal uncles, consented to this appointment. On the first hearing, the mother opposed the appointment, claiming that she should be appointed. It was then admitted that the mother had recently married,- and was then the wife of Theron Holley.
1Opinion of the Court
The Surrogate. — No question is made as to the competency of Mrs. Holley, the mother, except that she is a married woman, whose husband is not the father of the child. No objection is made to Downer, except that he is not, a relative. So that the question here is, whether the mother, who is living with a second husband, shall be appointed guardian of the estate of the child, or the person chosen by all the other relatives, including two brothers of the mother. The property seems to consist of about $100 personal, and real estate the annual rents and profits of which do not exceed $100.
In the…
2Cases cited3 opinions
- Underhill v. DennisNew York Court of Chancery · 1841
- Bennett v. ByrneNew York Court of Chancery · 1847
- White v. PomeroyNew York Supreme Court · 1850
3Cited by7 opinions
- In re WagnerNew York Surrogate's Court · 1912
- In re McConnonNew York Surrogate's Court · 1908
- In re the Guardianship of CrossNew York Surrogate's Court · 1915
- In re FeelyNew York Surrogate's Court · 1880
- Guardianship of Hansen, Superior Court of California, County of San Francisco1886
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