The Revised Statutes, Codes and General Laws of the State of New York

See Banking Law, § 116.

GRAND RAPIDS.

GRANGER, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 66.

GRANTS.

OF AGRICULTURAL LAND, RESERVING RENT, ETC.; see Constitution, § 13.
TO OR BY ALIENS; see Aliens.

CORPORATIONS; see Corporations, § 11.

FOR BENEFIT OF COMMON SCHOOLS; see Consolidated School Law, $ 36.
NORMAL SCHOOLS; see Normal Schools, § 27.

CERTAIN ANNULLED; see Constitution, § 17.

WHEN CONCLUSIVE AGAINST SUBSEQUENT PURCHASERS; see Real Property Law, § 220. COVENANTS IN, HOW CONSTRUED; see Real Property Law, § 218.

DEEDS OF BARGAIN AND SALE, AND LEASE AND RELEASE DEEMED; see Real Property Law, § 211.

FORMAL REQUISITES OF; see Real Property Law, §§ 205, 208.

OF GREATER INTEREST THAN GRANTOR POSSESSED; see Real Property Law, §§ 210, 212. TO INDIANS FOR SERVICES RENDERED DURING REVOLUTION; see Real Property Law, § 9. OF ISLANDS IN LAKE GEORGE; see Public Lands Law, § 14.

OF LANDS ADVERSELY POSSESSED; see Real Property Law, § 225.

OF LANDS UNDER WATER; see Public Lands Law, $$ 70, 71.

OF LEASED PROPERTY; See Real Property Law, § 193.

OF LETTERS OF ADMINISTRATION, ETC.; see Letters.

OF LICENSES; see Licenses.

IN PURSUANCE OF LOTTERY SCHEME; see Lotteries, § 5.

RESERVING RENT; see Constitution, § 13; Real Property Law, §§ 29, 311-313.
REVERSIONS AFTER; see Real Property Law, § 29.

OF STATE LANDS IN GENERAL; see Limitations, §§ 2, 3; Public Lands Law.

OF STATE OR MUNICIPAL AID; see Aid.

TAKE EFFECT UPON DELIVERY; see Real Property Law, S$ 54, 209.

TRANSFER OF CLAIM FOUNDED UPON, VOID; see Assignment, § 2.

GRANTEE, ACTION OF EJECTMENT BY, IN NAME OF GRANTOR; see Real Property Law, § 308.

GRANTEE, REMAINDER AFTER LIFE ESTATE OF PERSON OTHER THAN; see Real Property Law, $ 34.

GRANTOR, GRANTEE, OF POWER DEFINED; see Real Property Law, § 112.

See also Conveyances; Deeds; Escheats; Fraudulent Assignments; Fraudulent Conveyances; Real Property Law; Tax Law, §§ 220-242; Wills.

GRANVILLE, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 43.

ANNEXED TO BROOKLYN; see L. 1894, c. 449.

IN SECOND CONGRESSIONAL DISTRICT; see Congressional Districts, § 1.
For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 32.

GRAVESTONES.

FOR DECEASED SOLDIERS AND SAILORS; see Poor Law, § 84.

LIENS ON; see Cemeteries, etc., §§ 16, 17.

WILFUL INJURIES TO; see Malicious Mischief, § 8.

See also Security; Surety.

GUARDIAN AND WARD.

§§ 1--21. Appointment, Removal and Resignation of a General Guardian. 22-30. Supervision and Control of a General Guardian; Judicial Settlement of his Accounts.

31--40. Guardians Appointed by Will or Deed; General Duties and Powers.

Appointment, Removal and Resignation of a General Guardian.

1 Power of surrogate's court to appoint. The surrogate's court has the like power and authority to appoint a general guardian, of the person or of the property, or both, of an infant, which the chancellor had, on the thirty-first day of December, eighteen hundred and forty-six. It has also power and authority to appoint a general guardian, of the person or of the property, or both, of an infant whose father or mother is living, and to appoint a general guardian, of the property only, of an infant married woman. Such power and authority must be exercised in like manner as they were exercised by the court of chancery, subject to the provisions of this act. The same person may be appointed guardian of an infant in both capacities; or the guardianship of the person and of the property may be committed to different persons. Code Civ. Pro., § 2821.

31 Barb. 430; s. c. 19 How. Pr. 493; 63 Barb. 271; 31 id. 286; 16 Abb. Pr. N. S. 214; 3 Bradf. 130; 6 Johns. Ch. 353; 1 id. 3; 5 id. 66; 7 id. 150; 10 id. 435; 17 Wend. 75; 15 id. 631; 2 id. 153; 7 id. 354; 46 N. Y. 594, aff'g 55 Barb. 428; s. c. 38 How. Pr. 114; 6 Paige, 390; Hill & Den. 131; Hopk. Ch. 226; 10 W. D. 482; 5 Redf. 64; 1 id. 292; 1 Dem. 156, 599; 2 id. 43; 4 id. 296; s. c. 3 How. Pr. N. S. 21; 115 N. Y. 669; 14 id. 575; 138 id. 333; 105 id. 560; 126 id. 377; 39 N. Y. St. R. 850; 56 N. Y. St. R. 220; 52 id. 860; 45 id. 918; 8 id. 190; 7 N. Y. Supp. 258; 9 id. 291; 15 id. 963; 18 id. 615; 28 id. 350, 625; 26 id. 773; 25 id. 832; 2 McCarty, 331; 15 Abb. 323; 5 Misc. 293; 8 id. 838; 77 Hun, 291.

2 Petition for appointment, by infant over fourteen. In either of the following cases, an infant, of the age of fourteen years or upwards, may present, to the surrogate's court of the county in which he resides; or, if he is not a resident of the state, to the surrogate's court of the county in which any of his property, real or personal, is situated; a written petition, duly verified, setting forth the facts upon which the jurisdiction of the court depends, and praying for a decree appointing a general guardian, either of his person, or of his property, or both, as the case requires; and, if necessary, that the persons, entitled by law to be cited upon such an application, may be cited to show cause, why such a decree should not be made:

4 Bradf. 221; 10 W. D. 482; 4 Den. 39; 70 Hun, 465; 53 N. Y. St. R. 711.

1. Where such a general guardian has not been duly appointed, either by a court of competent jurisdiction of the state, or by the will or deed of his father or

mother, admitted to probate or authenticated, and recorded, as prescribed in section 2851* of this act.

4 Dem. 39.

2. Where a general guardian so appointed has died, become incompetent or disqualified; or refuses to act; or has been removed; or where his term of office has expired.

Where the petitioner is a non-resident married woman, and the petition relates to personal property only, it must affirmatively show that the property is not subject to the control or disposition of her husband, by the law of the petitioner's residence. Code Civ. Pro., § 2822.

3 N. Y. Supp. 26, 446; 24 id. 283; 4 Dem. 36.

3 Contents of petition; citation. A petition, presented as prescribed in the last section, must also state whether or not the father and mother of the petitioner are known to be living. If either of them is known to be living, and the petition does not pray that the father, or, if he is dead, that the mother, may be appointed the general guardian, it must set forth the circumstances which render the appointment of another person expedient; and must pray that the father, or, if he is dead, that the mother, of the petitioner may be cited to show cause, why the decree should not be made. A citation, issued to the father of the petitioner, must be served at least ten days before it is returnable. Where the case is within subdivision second of the last section, the petition must pray that the person formerly appointed general guardian may be cited, unless it is shown that he is dead. The surrogate must inquire, and ascertain as far as practicable, what relatives of the infant reside in his county; and he may, in his discretion, cite any relative or class of relatives of the infant, residing in that county or elsewhere, to show cause why the prayer of the petition should not be granted. Code Civ. Pro., § 2823.

22 Barb. 178, aff'd, 14 N. Y. 575; 7 Paige, 362; 1 Bradf. 143; 3 id. 130; 1 Dem. 154· 24 W. D. 234; 3 N. Y. Supp. 26, 446; 4 Redf. 306.

4 Proceedings where petitioner is a married woman. The last section applies, where the petitioner is a married woman; except that her husband must also be cited, and that the surrogate may, in his discretion, make a decree, appointing a guardian of her property, without citing her father or her mother. Code Civ. Pro., § 2824.

5 Hearing; appointment of guardian. Upon the return of the citation, the surrogate must make such a decree in the premises, as justice requires. He mav, in his discretion, hear allegations and proofs from a person not a party. Where a citation is not issued, the surrogate must, upon the presentation of the petition, inquire into the circumstances. For the purpose of such an inquiry, or of an inquiry into the amount of security to be required of the guardian, he may issue a subpoena, requiring any person to attend before him, to testify respecting any matter involved therein. If he is satisfied that the allegations of the petition are true in fact, and that the interests of the infant will be promoted by the appointment of a general guardian, either of his person or of his property, he must make a decree accordingly, except that a guardian of the person of a married woman shall not be appointed. In a proper case, he may appoint a general guardian in one capacity, without a citation; and issue a citation, to show cause against the appointment of a general guardian, in the other capacity. Code Civ. Pro., § 2825. Hopk. Ch. 226; 7 Paige, 362; 22 Barb. 178; 1 Bradf. 143; 3 id. 130; 57 N. Y. St. R. 702; 49 id. 829; 52 id. 80; 3 N. Y. Supp. 26, 446; 7 id. 258; 9 id. 292; 22 id. 680; 136 N. Y. 384; 68 Hun, 114.

6 Guardian to be nominated by infant. A guardian, appointed upon the application of an infant of the age of fourteen years, or upwards, as prescribed in this article, must be nominated by the infant, subject to the approval of the surrogate. Code Civ. Pro., § 2826.

8 Cow. 304; 1 Dem. 154; 8 How. Pr. 101; 7 N. Y. Supp. 483; 2 McCarty, 331.

7 Appointment of temporary guardian for infant under fourteen. A relative of an infant under fourteen years of age, or any other person in behalf of such an infant, may present, to the surrogate's court of the county in which the infant resides; or, if he is not a resident of the state, to the surrogate's court of the county in which any of the infant's property, real or personal, is situated; a written petition, duly verified, setting forth the facts, upon which the jurisdiction of the court depends, and praying for a decree appointing a guardian of the person, or of the property, or both, of the infant, to serve until the infant attains the age of fourteen years, and a successor to the guardian is appointed. The cases in which such a guardian may be appointed, the contents of the petition, and the proceedings thereupon, are the same, as prescribed in the foregoing sections of this article, with respect to the appointment of a general guardian, upon the petition of an infant of the age of fourteen years or upwards; except that the surrogate must nominate, as well as appoint, the temporary guardian. Code Civ. Pro., § 2827.

9 Paige, 202; 7 Barb. 640; 22 id. 178; 2 Dem. 1, 4; 1 Connolly, 500, 535; 3 Bradf. 130; 2 id, 214; 3 id. 409; 1 id. 143; 12 How. Pr. 532; 8 id. 99; 1 Tuck. 38; 1 Redf. 333; 5 id. 64, 259; 2 Barb. Ch. 216; Hopk. Ch. 226; 15 Abb. Pr. N. S. 6; 20 W. D. 516; 17 id. 71; 71 Hun, 195; 74 id. 19; 60 id. 194; 24 id. 207; 53 N. Y. St. R. 710, 859, 860; 70 id. 431; 20 id. 387; 49 id. 829; 10 id. 330; 3 N. Y. Supp. 26, 446; 24 id. 506; 56 id. 219; 25 id. 167; 6 id. 795; 26 id. 207; 26 id. 258; 7 id. 257; 11 id. 522; 9 id. 291; 3 id. 323; 33 id. 999; 136 N. Y. 384; 105 id. 628; 74 id. 299; 115 id. 669.

8 Term of office of same. The term of office of a guardian, appointed as prescribed in the last section, expires when the infant attains the age of fourteen years. But after the infant attains that age, the person so appointed continues to retain all the powers and authority, and is subject to all the duties and liabilities, of a guardian of the person, or of the property, or both, pursuant to his letters; until his successor is appointed and has qualified, or until his letters are revoked, for some other cause, by the decree of the surrogate's court; and his sureties are responsible accordingly. Code Civ. Pro., § 2828.

10 Johns. 232, 483; 15 Abb. Pr. 12; 5 Paige, 534; 1 Johns. Ch. 25.

9 Inquiring into value of infant's property. Where a general guardian of the property of an infant is appointed, as prescribed in this article,* the surrogate must inquire into the infant's circumstances, and must ascertain, as nearly as practicable, the value of his personal property, and of the rents and profits of his real property. Code Civ. Pro., § 2829.

9 Paige, 203.

10 Qualification of guardian of property. Before letters of guardianship of an infant's property are issued by the surrogate's court, the person appointed must, besides taking an official oath, as prescribed by law, execute to the infant, and file with the surrogate, his bond with at least two sureties, in a penalty fixed, by the surrogate, not less than twice the value of the personal property, and of the rents and profits of the real property; conditioned that the guardian will, in all things, faithfully discharge the trust reposed in him, and obey all lawful directions of the surrogate touching the trust, and that he will, in all respects, render a just and true account of all money and other property received by him, and of the application thereof, and of his guardianship, whenever he is required so to do, by a court of competent jurisdiction. But the surrogate may, in his discretion, limit the amount of the bond to not less than twice the value of the personal property, and of the rents and profits of the real property for the term of three years. But in case where it appears to be impracticable to give a bond sufficient. to cover the whole amount of the infant's personal property, the surrogate may, in his discretion, accept security, to be approved by the surrogate, not less than twice the amount of the particular portion of the infant's property which the guardian will be authorized under the letters to receive; and issue letters thereon limited to the receiving and administering only such personal property for which *This subject, §§ 1-21.

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The Revised Statutes, Codes and General Laws of the State of New York ...