§ 80. Guardians in socage.
157 words·~1 min read·
/ny/domestic-relations/guardians/80·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 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The rights and authority of every such guardian shall be superseded by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.