In re Gardner

Appellate Division of the Supreme Court of New York

In re Gardner

115 A.D. 908

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

DecidedNovember 15, 1906

StatusPublished

This text of 115 A.D. 908 (In re Gardner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Gardner, 115 A.D. 908 (N.Y. Ct. App. 1906).

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Opinion

Motion denied, without costs, on ground that moving papers not amount the petitioner has given as general guardian, nor is sufficient proof submitted of his age. The motion may be renewed on proper papers, and a brief should then be submitted as to whether this court is obliged to give the gross sum in lieu of curtesy which the petitioner says he is willing to accept. We also suggest that the curtesy of the petitioner may not be fixed in amount except on due notice to the infant and opportunity to be heard. Present — Woodward, Jenks, Hooker, Gaynor and Rich, JJ.

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Motion denied, without costs, on ground that moving papers not amount the petitioner has given as general guardian, nor is sufficient proof submitted of his age. The motion may be renewed on proper papers, and a brief should then be submitted as to whether this court is obliged to give the gross sum in lieu of curtesy which the petitioner says he is willing to accept. We also suggest that the curtesy of the petitioner may not be fixed in amount except on due notice to the infant and opportunity to be heard. Present — Woodward, Jenks, Hooker, Gaynor and Rich, JJ.

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Bluebook (online)

115 A.D. 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gardner-nyappdiv-1906.