Legal Opinion

In re the Appointment of Twichell

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 1907Published

Appeal by William D. Tyndall, as general guardian of Eston E. Devore, an infant, from an order of the Surrogate’s Court of the county of Sullivan, entered in said Surrogate’s Court on the 30th day of December, 1905, denying his motion for the revocation of letters of guardianship theretofore issued to John Z. Twichell.

1Opinion of the Court

Smith, J.:

In an opinion in Matter of Tyndall (117 App. Div. 294), the decision of which is handed down concurrently with the decision in this case, the facts are substantially stated as to the manner in which the respondent was appointed as general guardian. The application for his removal by the appellant was made upon various grounds. The application is not brought in the method provided by sections 2832 and 2833 of the Code of Civil Procedure and moreover it does not seem to be made in behalf of the infant. After the decree appointing Twichell as guardian this appellant petitioned for. a…

2Cases cited1 opinion

  1. In re TyndallAppellate Division of the Supreme Court of the State of New York · 1907

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