Citation Numbers: 30 Misc. 377, 63 N.Y.S. 1031
Judges: Nash
Filed Date: 1/15/1900
Status: Precedential
Modified Date: 1/13/2023
The sureties upon the bond of a general guardian are 'not responsible for money which may come to the hands of the guardian from the sale of the real estate of his ward. Muir y. Wilson, Hopkins Oh. 512; cited and approved, Cook v. Lee, 6 Paige, 158. Therefore as to the sum of $970.32 stated in the decree of the Surrogate’s Court to have been received by the guardian in proceedings in Monroe County Court for the sale of the interest of the infant in real estate, and as to which it is stated in the decree that it is without prejudice to any defense the sureties of the guardian may have, the plaintiff is without remedy as against the defendants.
Ordered accordingly.