Ex parte Crumb

Decided May 7, 1817

New York Court of Chancery · decided 1817-05-07

PETITION, by N. Crumb, guardian of S. W. Brower, an infant, stating that he was appointed guardian, by the surrogate of Otsego, on the 12th of January, 1816; that he is desirous of being discharged from his trust, and praying that his accounts may be referred to a master, and he be discharged.

Good law ✅— No negative treatment on recordhow we know

Decided 1817-05-07

How this case has been cited

Cited by 3 later decisions — most recently December 1915

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

The Chancellor.

¶1[ *440 ]

¶2There is no doubt of a competent power in this Court to discharge or change a guardian appointed by the surrogate. It is done in England, whether the guardian be one at common law, or appointed by last will and testament; but in the. latter case, the Court has required very special reasons for its interference. (In the Matter of Andrews, 1 Johns. Ch. Rep. 99. Spencer v. Earl Chesterfield, Amb. 146. Wyatt, 212. 1 Ves. 160.) Here is no reason assigned why I should discharge this guardian; and, having accepted the trust, he ought not to *be permitted to lay it down when he pleases. I shall require special and sufficient cause for changing or discharging a guardian.

¶3Motion denied.