Ex parte Crumb — 2 Johns. Ch. 438

Majority

p. 438

Ex parte Crumb.

Headnote

This Court may discharge or change a guardian appointed by a surrogate; but it is not done, unless on special cause shown.

May 7th.

PETITION, by N. Crumb, guardian of S. W. Brower, an infant, stating that he was appointed guardian, by the surrogate of Otsego, on the 12th of January, 1816; that he is desirous of being discharged from his trust, and praying that his accounts may be referred to a master, and he be discharged.

[ * 440 ]

There is no doubt of a competent power in this Court to discharge or change a guardian appointed by the surrogate. It is done in England, whether the guardian be one at common law, or appointed by last will and testament; but in the. latter case, the Court has required very special reasons for its interference. (In the Matter of Andrews, 1 Johns. Ch. Rep. 99 . Spencer v. Earl Chesterfield, Amb. 146. Wyatt, 212. 1 Ves. 160.) Here is no reason assigned why I should discharge this guardian; and, having accepted the trust, he ought not to *be permitted to lay it down when he pleases. I shall require special and sufficient cause for changing or discharging a guardian.

Motion denied.