4 Bradf. 221 | N.Y. Sur. Ct. | 1857
The minor, who is an orphan, was born in the City of New-York, and her parents resided here up to the time of their death. A guardian was appointed by me in February, 1853, who placed his ward under the care of a relative in the City of Brooklyn, where she has continued to reside up to the present period. The minor having attained the age of fourteen years, now desires to select a new guar
According to the Roman law, it was the office of the Praetor to determine the place of abode and education of the minor. (Dig. lib. 27, tit. II, Ubi pupillus educari vel morari debeat.) This rule is analogous to the practice of the Court of Chancery in England, and in this State, in exercising supervision over the conduct of the guardian. On the dissolution of the parental authority by death, and the cessation of that control which flows from the laws of nature, the care of the child devolves upon the State. It is then delegated to a guardian who has the custody of the person of the minor and the charge of his property. But the guardian is a mere trustee, an officer deriving all his authority from his appointment, responsible, as in all other cases of trust, for the proper discharge of duty, and subject to the control and direction of the authorized tribunals. He will not be allowed to employ his power to the disadvantage of the ward, and there would seem to be no reason why he should possess any greater authority than is necessary for the due performance of his official trust. His functions should be measured by the nature and the necessities of the trust; and the relation be