Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 80
Guardians in socage
Domestic Relations (DOM) CHAPTER 14, ARTICLE 6
§ 80. Guardians in socage. Where a minor for whom a general guardian
of the property has not been appointed shall acquire real property, the
guardianship of his property with the rights, powers and duties of a
guardian in socage belongs: (1) to the parents jointly, or, if they be
separated, or divorced, to the parent who has been given the custody of
the minor by a decree of court, or in the absence of such a decree, to
the parent having the actual custody of the minor; (2) if one of the
parents be dead, to the sole surviving parent; (3) if there be no father
or mother, to the nearest and eldest relative of full age, not under any
legal incapacity.

The rights and authority of every such guardian shall be superseded by
a testamentary or other guardian appointed in pursuance of this article
or in pursuance of article ten of the surrogates court act.