The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-01

L II W,
Yy0DAYB o. HNDY YAlIeH'0 WILL.
Tm SJ-As sass drass slewH vad wsarbonsl,
along nsrs 10 more appearance of n end 10 Ia,
| Nsrs was on ths day \ snaeuoed, nss 20 nuoh. Ca
q he parties htimatea, connected Win The oaso say
that WIN no. end N s.o years and IA doeosful
snnned and 70 examined tor days. and even weeks 70
aeSsr upon all subjects, wheshsr nsimsssy q rsnNs
~S sus s pross 70 any one sHosp he Counsel
who are 'eahsring their nests. ausua By consinar
chem quarels An me testimony taken 'iaos We oAss
inaa several other Witnesses have previously
sons Tho Surrogate. who has 70 take down all me
s'olocs A. n to 4 o'clokP Y. ine case viii continue
probably, dsiiy ti Inc Sd Of naron when Is vii have
eive way, least Tor short tine, 70 the application ~
hTs Cunnn CHAM Tor ettes Of administration upon IN
| esiate Of the late Bsrvey Burdell
| spce the xsminati0n Of Mr. FishsP. william Brow
has been calsd and examined by Ar Evaxts-Wasn H.
Parish wished drive ous no would someunea give The
order 70 me- sometimes " Mrs. Parish and someaes to
I'd xsrd the ooschm H. would draw attention oy
Dg ne, ne, ne, me-" riding and raining his nngeT
he would then b. ast ed n he wanted any thing T.
hen vs. would question him about wa,
ne wanted I'LL we found ous; no would point tho direc
Ton be wanted 10 80, whether up town, down town
cross towr After Ea how sas the tms oocuJiso
. Nv. Parish would inquire Of the MesUs DelAHs
Aboui business Gown town and II business bad hss
raBeacts Tor him 0y the hessrs. Deadelo in tho mos
NJ, bst would BIO talked ABOUT and the books orous
orvNd and papers connected with that business; at
bs the evelng ns~spapr was sensrally rea1 sload
Of the Metsrs Delahed about nine O'Clock Mr. PArs
woula take wax sith me around the hall oat OF III
front door, look around to what sort OF weslbe
vas, inquire about tho stars. and see he m,on ~
happened s!S 70 "s I1uay Mould Tell MIN y
before going TO bed, ne could 60 out again a.
look around back 70 the library set there for HI,
hall, thai fast shut up the houss
up stairs 10 bed. O. Did Mr. Parish do anything with
puir ess books when they ere handed him IN he brM
10 the evening A. 30 worked as them scrutinized o.
that bad been entered that day 70 make pfeps
tons for business to be done The next day be wou
open them point 10 the pats tnst he wished 70 iuqu
.ocut Mrs Parrns attention 70 II; the conversa,,,
wonm 90 about thas business How of.en did you
him thus engaged ~ih the books A. rhat would dep
the On ouDt 81 busireis on hand, sometimes twiG
weeb and On some oooAs,us every night In the week
during event. prayers Mr. Parsb seemed 10 be aaeo
spoI Sc, en-; -hen Mr. Kernochan visited Mr. Psri,
~ Hell Gale, tao latter would listen very suentively
be ioi mer relating the hading topics OF the day, N
Mr.. Pukh went out shoPp ng 70 purchase Or ices 70
oiotfr he would take Them up In his hand aud ,r,
bey suitei the occasion he wsnss them Tor. summe
winter The case might be; no disliked very
70 see pces Of paper or any other litter upon the ,or
and desired me 70 pick up By pointing 70 II; sitting
bis chair he Id notice persons oomisg By the wndos
" they made for the door he would signiIy 70 Il
ny person Of biz scquainsanos coming 10 he door
~ MD signify to me 10 open the door for them.
TIE POWER OF GUARDIAN TO CHANGE THE Do
HeIL OF wAHD-AN INTERESTING POINT l.
IN ne Natter Of The 6uaydiansAtp Of kiu Bar1A. I'll
minor, sho II IN orphan wss born 10 me city Of Ne
York and her parents resided here q, 70 the tune Of
deAih. guardian was appointed by me In Februuy
iesa who placed nn wsro unoer the care Of relative
The oily OF Brooklyn, whore she has continued 70 resd
Up TO the prese0t period Tho minor having attained
age OF fourteen yeays desires 70 select guar
ian her residence be considered ~ In this county.
becomes my duty 70 MAKE .hs sSrscensmsnt In King
domicl o. choice can only DO acquired BY person vi
itS 1urts and . minor cannot therefore, Of his OWL
Io,on MAKE &c. saa. .eS ~ SoasSii inc power Of
discussed By The civilians, but Va point Of difference BE-
tween them relates more 10 such change Of domi,ls
%s s 70 h = d e. s.s NJ sss
char 80 Of abode lnFnos ms tsputatoa be- been set
kdby provsn d the Code CIVIL which PLACES We do
Nv ], the 10, section 600; Toullier Nv !, uus lo
section l. 1891 Our statute y silent on this iubect az
n The o. Ss
the Roman law, Was the ofhoe Of We prnter " &c
lhe psce Of abode and education Of the min ~.
This rule 10 analogous 70 the practice Of tue Oou-t
Cbsrcry In England and In this State In exercising ST.
oiuon Of ss parental sutnory By death, AZ The oe.
ss,on Of that control which flows from the laws Of
ttre the care Of the emilio devolves upon the State Il
Zen delegated TO guardian who has the custody Of IN
person the minor and the caarge Of hs property Ba
he suGdan u mere trustee IN officer deriving oil hi
ssr e..e. Of ru.. for he proper dcsSss Of a0y .aS
suhct TO the and direction OF the authorised ri
bupsA. BE ui Dot Do allowed 70 employ his pow l.
he disadvantage OF the ward and there would seem 10
he voy be should posses any greater sathor
~ than nscesssry for the perormAnos Of hs ofcil
aso the pecessss Of he uus. and the relation bew
him the ward being artificial and Inc oreatoa Of the
law, no greater vsor should DO given to MS ac and
other quences be permitted 70 now from toem tina
the the requires and ths law sanctions, 10
view Of the interests and welfare Of The minor. NJ
doubt the duty Of the guardian In respect 10 health
moral training. edccsiion ana naa.euaaos Of his ward
pecessafy Involves the selection OF bis haoation Ba
does not follow that, 10 change Of abode, made
reference such objects, the law vi Anach the oouse
aucnces flowing from change OF domicil In the case Of
an ADULT In osher words may be admitted the, ordi
person ana .hs rshs 70 soco, =, bis hsbssiou bu, s
The question win remain, what effect will the Law a.ts
butte bis acts In these rcspecuY Does the guardian,
authority, reposed In bin By virtue Of his oce, embrsos
he sehcton o. domicil which shall alter the rights
In case OF the minors deoeass or which snh
wi,hdraw him frsn me protection. OF me very sovt
function Of The otc,i IL thh authority dsegsied By tn
asts 10 The suEdanf IL demanded By any reason OF
Of Tho "a n,s duties Of she guardian or rsh Of tn
ward The power OF the guardian In respsc 10 the pro
pcrty OF the minor has usually bees restricted ~ tne
INTO real estate, o. nc. The rghs Of the Infant o.
Of his representatives shoud he die under age, may
be iapsrsd or injured II has oesn customary. there
reality and the proceeds Of real estate sold, personal
w. IN determining The Of Inheritance and
sion. (slory, Eq. ia. sec 1850 can see no SCUM
vhy the same RUE SHOULD not be applied 70 tn
disposition Of the custody OF e person OF mo infant thu,
10 spplsdno the dspcstion Of bis propsry-shsn. to.d
low rafy the sot ine judicous or necessary, br
limit 10 consequences not 10 Affect the state or
the right OF the infant on the succession 70 his properly
am aware Chancellor Kent inclined 10 The opnlon
that the guardian had the right shin the Infants dom
oil with bis own, and that Chancellor Waworh I'd
mttcd fully the power TO change the Infants residence
from stsie another provided the act we're dose
In good faith, and win view 70 the wards benefit q
Kebts Com, vol. q, p. 277; Note, Wood vs. Wood.
Paige eos But the arguments Of the foreign juriss
whose favvred BY Chancellor Kent are
based mainly upon The assumption thai me guardian
represents The minor, aud has the power 10 contract
for HIM. tsyntershoes. osesL Phy Jur., Id. 1.
Oh. 1e. Rodeuburgh, De DIV stat. IN 2, On, i, sec
Q, j. voes I'D Pand., Id. 9, IT, I, sec. 1907 b,
CO.'S the guardian represent the minor, or has
he The power 70 contract for him 10 an unmitoi
sense go that scttcs the question: but not thea the
point re nans what the limits OF the rgh, Of repre-
sepsation and The power 70 contract have already
that restrained IN equity % - not 70 AFFECT she
rights Of hers next OF him. and measured Sub
stsnsay By The purposes and objects OF the hus Thctc
vosd seem, therefore, TO be no reason why The power