New York Court of Appeals
In Re Petition of William C. Camp, for an Accounting by Calvin B. Camp, as His Guardian.
June 2, 1891126 N.Y. 377
Summary
The New York Court of Appeals reversed the surrogate’s decree and the General Term’s order, holding that the father‑guardian possessed a life estate in the $26,000 fund as tenant by curtesy and that the surrogate lacks authority to order payment of the fund to the ward while that life estate subsists. The Court further held that the statute of limitations does not bar the accounting proceeding and that the guardian remains liable to account for the fund, with any remedy for its loss to be sought in a court of equity.