In the Matter of the Application of Thomas F. Lee, Appellants, for a Writ of Habeas Corpus. De Witt H. Lyon…

Summary

The New York Court of Appeals reversed the Appellate Division and remanded the case to the Special Term, holding that the Surrogate's appointment of a guardian does not override a prior Supreme Court order granting custody and that the Special Term must take evidence on the factual issues. The Court also affirmed the Supreme Court's inherent power to take custody of an infant even from a general guardian in a proper case.