The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-07

~uu law n, NEUTRALITY-SUSPICIOUS. ooEsrRuo
rToN or wlLis-wHKS LIdAoIEs LArsS-LIfE
TENANTS, KrJ.. ETC.
Before A. W. Bradford.
r N, rna> ofAe eso.e Of Patrick kcLssky decssssd-
YESTERDAY the Surrogate made the following decision
question brought before him In regard 70 the viii Of
Patrick hcLeeky, deoeased'-
Upou the accounting of the executors this case
becomes necessary determine what direction shall be
given In respect TO legacy Of fifteen thousand dollars
heQueashed to minor residing II Florense appears
tina, guardian has been duly appointed al the place of
domic and authority been regularly conferred upon the
Consul General Of Tuscany to receive the legacy from the
executor. The appointment OF guardian Tor inc person
or The property Of an infant acs Of jurisdiction de-
within the terrsmy Of The state The exercise Of this
authority flows from the duty incumbent upon the body
polite afford protection those who unable 70 take
OF themselves Il not limited 10 the cases Of sub
jects citizens but extends 70 oil who from their tender
Important prerosstive has ordinsy been administered
through the Court Of Chancery, though In this c1uny al
administrator to tribunals having probate jursdi aon.
guardian be appointed for the as for the estate
Bea,ie 10 u &F, a. the House Of Lords determined
that Il competent for the Lore Chancellor 70 appoint
guardian for minor, whose domicile was In Scotland
where there we're testamentary guardians and who was
only temporarily resident IN England me principle vas
ss! authority by virtue Of their oce and that the Court
OF ChaDcery, when acting In these matters always Ore
Jurisdiction of the court responsible to the court and sub
sect TO its jurisdiction and authority 10 Stephens
father 10 America and the court entertained jurisdiction
and ordered maintenance out OF the Infants estate though
he was residing in foreign country can and no rea
minor has always been considered . sufficient basis
for gran, of guardi.nship The rule in this country
sssins, Dckey, John G K :, 1853, Chancellor Ken.
nsd that xsn aDa ss osd ss
doo,rne on her serving prin ,lples, Which pre-.
vens q recognition Of foreign executors and ad-
sOuabls, and the decision has never been questioned.
Chancellor Wal .orh decided that foreign executor or
opson aso that foreign guardian wa, 10 IKE manner
ameBabe 10 the jurdicton but 1t Is manifest tdat
be sued In Krat~Gost Wickey, 1 Gil and JOhus, a.
332, the question expressly CO asidered, and was
county, from Which they their iower although in
court Of equity the domestic guardian NPo his charge OF
nance and education Of bis ward resident abroad rhs
upon which foreign guardian Ia denied any re
oosnon 0: his tie is subst aatiay this That oil his au
thoriy springs out Of his official character and civil
officer SUCH OF necessity posses power beyond
the limits Of The sovereignty by which ne Is appoint
cd Such exceptions as may exist have been admit
ted, de jure but comude. The Lea tort primarily
prevails the form and order Of the adm nistraiion
OF justice, and foreign Law Is only received 30 far as
/. Is found cOnsonant with soand principle and pub
Lie convenience 1T accepted the basis Of international
tneois arsts go further, and insist upon ae absolute
right and title the guardian appointed at the paSe Of domi
Gil! whrTesoever the ward is TO be represented bat both
in EDeano and in The United States this docr does
prevail stl however, We recognise. and gie effect to
slatt quality or cAcny the person and place minors
under authority OF tutors guardians 10 such an ex
teut as in the discretion the may wise aud
propS surge. Com, PIP 8. IA, rs, vol 81 /, 10;
story, Conf. l., 492 to 504 In this view it
is an sdmnisirsor or executor to rsnmias funds Of
rainor domcied In foreign country TO the guardian
quste security has been the faithful admins
traton OF the property rbs however, would cles be
matter CT discretion and not OF strict right In the s6
N
the province Of the Surrogate to exercise such
presS provided Ss mode in which the ess.
minors this respect must be protected and there Is
no s'y :;
auhose executors to pay lesa,es due Minors ITO the
S 70 .ss nnor approved BY Ss the
faithful application and accounting for such esacy and
M there be no such guardian or the surrosse 90 na
securities, under the direction Of the Surrogate
the and for the benefit of such minor upon cur
interest," and the inerest may be applied un Ter the
such minor" e. RS p 81, 81, As. +s, so, Sd Even
der OR State law the Surrogate must that prorer
security been given before requiring the executor to
security has been gwen tie Surrogate must direct
the funds be paid into cunt and invested for the minor
but the law designed for the protection Of infants is
provsocs precise and special. and II 10 my duty
10 them properly enforced. Uness, then, guar
eAn be appointed within this State, the legacy due 70
Ibis Infant must be paid into court and Invested for h
eomiciis from time 10 time for the ,ro, and oducs
on OF the egaee under the direction OF the Surrogate
tie sum Of any thousand dollars OF the
tors 10 lee OF CON missions the sum OF ten ID u'And dot
sr .Dd he resusy esaee. now
claim that the executors ehould be charged with Interest
for the period Intervening between the time OF payment
and the os;e when The should have been made In
the usual oouPe OF administration The term OF one yea
allowed for the adjustment Of an estate, snt esaces are
mot ordinarily payable before, unless Tho ies,,or has
specially directed On the other hand restuary legsess
eutled TO all the pronn ard ncreae (Pearson against
Pearsou sch lef 1o) 10 all the interest and income
aocruiDg during the year allowed for sculsmeal 10
ohsr words. II, property theirs subject only to the
legacy be claimed before becsnee due, rights
affected II the executors Withdraw productive
fund, for the purpo,e Of paying the debt o. logacy,
wl!hou, compelling rebate Of interest ! such csso
the executor, should make good the loss 10 he psres
jures For e1smIe these legaces Of any four thoussnd
dollar he time pay meni worth han their
face by tie interest 10 the time they fell due, and the
iercst or tie u,e Of the fond productive from The re
cGary leshees, who entitled TO H. aud give II TO the
bond or rce Of the ,ea,or payable 1--WE years sor hts
cCath vhou. interest, The hi 1stce Of mme9iste pay
cd iSo mouey for that purpose in loo Obvious Tor e,cu,
500 The executors must then In my Idgm nt phase the
ss.sry essiees IN ne ,:m, plight sne con iaSo a, II
due Or oSkrg into the account appears thai he
&C. tors, a. lhe time Of qvA rg we're debtors 10 the IS
ndetbcnes continued they would hsve been charge
able With interest II was, fact aid at the time OF
posted or kept foi ara-snd ir was loaned paid to
fArtes not trted, interest snovld be charged Unter
che circrms snoes, the executors being debtors 10 the
Estate 10 o than sufficient TO make
the pay mert and the esaoss thus unnscoeuntably pre-
TERED being substantially for the purposes o. his qies
sion payable 10 themselves. must treat the ond ~ pro
ducxve, and charge the executors with inere. "a he
amount Until the expiration Of year aer the letters
tesomcliory were isseed. (Brsdner AgsA Faulkner,
Herman, Az BY the third clause OF the will the tesla
Tor provided AZ folows"ro my half sisters, Margare.
and Bridget lsicl6okey now ssters OF the Academy Of
the Sisters OF Charity, DIbuque In tho state or Iosa
bequeath six thousand dollars 10 each OF them TO be
vted In good State stock and ansferra TO tue
Academy, 10 any other nstuaon nor 10 auy persop
or persons during their e" Margaret, OF the lesa
tees died before the tesator and OF opinion that her
legacy apsed There not bequeit 70 the two sisters
IN joint tenancy, but specified given each in
eeversy, that there h pos ibe ground for sur.