Public-domain · open source
OpenJurist

7 Mills Surr. 128

In re Denyse

New York Surrogate's Court

Decided March 15, 1909

New York Surrogate's Court · decided 1909-03-15

<p>Infants—Disabilities in general—Capacity to institute legal proceedings.</p> <p>Surrogates’ Courts—Procedure and review—Petitions—Parties—Infant JOINED WITH ADULT.</p> <p>Where proceedings have been commenced, to revoke letters testamentary granted to an executor, by the joint petition of an infant legatee and her father who is also a legatee, but for a nominal amount, the petition will not be dismissed on the ground that one of the petitioners is, by reason of,infancy, incapable of maintaining the proceeding.</p>

Decided 1909-03-15

Ketcham, S.

¶1Proceedings to revoke letters testamentary have been commenced by joint petition of an infant legatee and her father, who is also a legatee, but for a nominal amount.

¶2The infant has no guardian, general or special, and makes her petition in her own name and behalf.

¶3The motion to dismiss the petition, on the ground that one of the petitioners is by reason of infancy incapable of maintaining it, must be denied.

¶4The questions presented by 'the motion were laid by Surrogate Coffin, in 1884 (Matter of Watson, 2 Dem. 642), and his views there expressed have remained without dissent.

¶5Let order be settled providing for the filing and service of answer, and setting the case for trial.

¶6Decreed accordingly.

/7/millssurr/128 · .json · Public domain