Stilwell v. Mills

Where on the aPguardian1 ”0 the 'surrogate^ sureties'1 to'1theP3tatute,t perfomancefof the guardianship, and to ^nder^m ac-action at" ¡aw maintained on the bgutrd1ans i^d to Ycrount Chancery,urtto risdictionh6as té such a trust, exclusively belongs.

THIS' was an action of debt' on a bond given by the defendants, on the appointment of Mills and Ludington, as guardians of the wife of the plaintiff, when she was a sole. She was the daughter of L. and being about 15 years of age, the Surrogate of Onondaga, on the 6th December, 1813, appointed L. and M. as her guardians, pursuant to the statute. The bond was for one thousand a . dollars, conditioned; that L. and M* should, in all things, duly discharge their duties as guardians of the infant, and render a just and true account of such guardianship, before any Court having cognizance thereof, when thereunto required. The plaintiffs were married in November, 1815. The declaration alleged that the plaintiffs, afterwards, ^emanc*e^ D- and M. an account- of their guardianship, and of the property of the wife, in their hands, whicli they r r „ J refused to render, &c. There was a demurrer to the declaration, and joinder in demurrer, which was submitted to the Court, without argument.