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time of them both, by last will duly executed, appoint the other the guardian of the person and property of such child, during its minority. A person appointed guardian in pursuance of this section shall not exercise the power or authority thereof unless such will is admitted to probate, or such deed executed and recorded as provided by section twenty-eight hundred and fifty-one of the code of civil procedure.
Derivation: Domestic Relations Law, § 51, as amended by L. 1899, ch. 159, § 1.
§ 82. Powers and duties of such guardians.
Every such disposition, from the time it takes effect, shall vest in the person to whom made, if he accepts the appointment, all the rights and powers, and subject him to all the duties and obligations of a guardian of such minor, and shall be valid and effectual against every other person claiming the custody and tuition of such minor, as guardian in socage or otherwise. He may take the custody and charge of the tuition of such minor, and may maintain all proper actions for the wrongful taking or detention of the minor, and shall recover damages in such actions for the benefit of his ward. He shall also take the custody and management of the personal estate of such minor and the profits of his real estate, during the time for which such disposition shall have been made, and may bring such actions in relation thereto as a guardian in socage might by law.
Derivation: Domestic Relations Law, § 52.
§ 83. Duties and liabilities of all general guardians.
A general guardian or guardian in socage shall safely keep the property of his ward that shall come into his custody, and shall not make or suffer any waste, sale or destruction of such property or inheritance, but shall keep in repair and maintain the houses, gardens and other appurtenances to the lands of his ward, by and with the issues and profits thereof, or with such other moneys belonging to his ward as shall be in his possession; and shall deliver the same to his ward, when he comes to full age, in at least as good condition as such guardian received the same, inevitable decay and injury only excepted; and shall answer to his ward for the issues. and profits of the real estate, received by him, by a lawful account, to be settled before any court, judge or surrogate having authority to settle the accounts of general and testamentary guardians; and any order, judgment or decree in any action or proceeding to settle
such accounts may be enforced to the same extent, and in like manner as in the case of general and testamentary guardians. If any guardian shall make or suffer any waste, sale or destruction of the inheritance of his ward, he shall lose the custody of the same, and of such ward, and shall forfeit to the ward treble damages.
Derivation: Domestic Relations Law, § 53, as amended by L. 1903, eh. 369, § 1.
§ 84. Guardianship of married woman.
The lawful marriage of a woman before she attains her majority terminates a general guardianship with respect to her person, but not with respect to her property.
Derivation: Domestic Relations Law, § 54.
§ 85. Investment of trust funds by guardian.
A guardian holding trust funds for investment has the powers provided by section one hundred and eleven of the decedent estate law for an executor or administrator.
Derivation: L. 1897, ch. 417, § 9, pt., as amended by L. 1902, ch. 295, § 1 and L. 1907, ch. 669, § 1.
§ 86. Guardianship of indigent children by incorporated orphan asylums.
The guardianship of the person and the custody of an indigent child may be committed to an incorporated orphan asylum or other institution incorporated for the, care of orphan, friendless or destitute children, by an instrument in writing signed:
1. By the parents of such child, if both such parents shall then be living, or by the surviving parent, if either parent of such child be dead;
2. If either one of such parents shall have for a period of six months then next preceding abandoned such child, by the other of such parents;
3. If the father of such child shall have neglected to provide for his family during the six months next preceding, or if such child is a bastard, by the mother of such child;
4. If both parents of such child are dead, by the guardian of the person of such child lawfully appointed, with the approval of the court or officer which appointed such guardian to be entered of record;
5. If both parents of such child are dead, and no legal guardian of the person of such child has been appointed, and no such guardian has been appointed by will or by deed by either parent thereof, or if the parents have abandoned such child for the period of six
months, then next preceding, by the mayor of the city or by the county judge of the county in which such asylum or such other institution is located.
Such instrument shall be upon such terms, for such time and subject to such conditions as may be agreed upon by the parties thereto. It may also provide for the absolute surrender of such child to such corporation. But no such corporation shall draw or receive money from public funds for the support of any such child committed under the provisions of this section, unless it shall have been determined by a court of competent jurisdiction that such child has no relative, parent or guardian living, or that such relative, parent or guardian, if living, is destitute and actually unable to provide for the support of such child.
Derivation: L. 1884, ch. 438, § 1.
§ 87. Record of children to be kept by orphan asylums.
All institutions, public or private, incorporated or not incorporated, for the reception of minors, whether as orphans, or as pauper, indigent, destitute, vagrant, disorderly or delinquent persons, are hereby required to provide and keep a record, in which shall be entered the date of reception, and the names and places of birth and residence, as nearly as the same can reasonably be ascertained, of all children admitted in such institutions, and how and by whom and for what cause such children shall be placed therein, and the names, residence, birthplace and religious denomination of the parents of such children so admitted, as nearly as the same can be reasonably ascertained; and whenever any such child shall leave such institution, the proper entry shall be made in such record, showing in what manner such child shall have been disposed of, and if apprenticed to or adopted by any person or family, or otherwise placed out at service or on trial, the name and place of residence of the person or head of the family to or with whom such child shall have been so apprenticed, adopted or otherwise placed out. The supreme court may, upon application by a parent, relative or legal guardian of such child, after due notice to the institution and hearing had thereon, by order direct the officers of such institution to furnish such parent, relative or legal guardian with such extracts from such record relating to such child as such court may deem proper. Nothing in this section shall be construed to prevent visitation by relatives and friends in accordance with the established rules of such institutions.
Derivation: L. 1884, ch. 438, § 3, as amended by L. 1894, ch. 54, § 1.
88. Care and custody of poor children in institutions. The parent of a poor child, committed to an asylum or other institution by a county superintendent, overseer of the poor, board of charities or other officer, shall not be entitled to the custody thereof, except in pursuance of a judgment or order of a court or judicial officer of competent jurisdiction, adjudging or determining that the interests of such child will be promoted thereby and that such parent is fit, competent and able to duly maintain, support and educate such child. The name of such child shall not be changed while in such asylum or institution. Derivation: L. 1884, ch. 438, § 4, part.
THE ADOPTION OF CHILDREN.
SECTION 110. Definitions; effect of article. 111. Whose consent necessary.
112. Requisites of voluntary adoption.
114. Effect of adoption.
115. Adoption from charitable institutions.
116. Abrogation of voluntary adoption.
117. Application in behalf of child for the abrogation of an adoption from a charitable institution.
118. Application by foster parent for the abrogation of such an adoption.
§ 110. Definitions; effect of article.
Adoption is the legal act whereby an adult person takes another adult person or a minor into the relation of child and thereby acquires the rights and incurs the responsibilities of parent in respect to such adult or minor. Hereafter, in this article, the person adopting is designated the "foster parent." A voluntary adoption is any other than that of an indigent child, or one who is a public charge from an orphan asylum or charitable institution.
An adult unmarried person, or an adult husband and his adult wife together, may adopt a person of the age of twenty-one years and upwards or a minor in pursuance of this article, and a child shall not hereafter be adopted except in pursuance thereof. Proof of the lawful adoption of a person of the age of twenty-one years and upwards or a minor heretofore made may be received in evidence, and any such adoption shall not be abrogated, by the enactment of this chapter and shall have the effect of an adoption here under. Nothing in this article in regard to an adopted child inheriting from the foster parents applies to any will, devise or trust made or created before June twenty-fifth, eighteen hundred and seventy-three, or alters, changes or interferes with such will, devise or trust, and as to any such will, devise or trust, a child adopted before that date is not an heir so as to alter estates or trusts or devises in wills so made or created; and nothing in this article in regard to an adult adopted pursuant hereto inheriting from the foster parent applies to any will, devise or trust, made or created before April twenty-second, nineteen hundred and fifteen, alters, changes or interferes with such will, devise or trust, and as to any such will, devise or trust, an adult so adopted is not an heir so as to alter estates or trusts or devises in wills so made or created. (Amended by L. 1915, ch. 352; L. 1917, ch. 149; L. 1920, ch. 433, in effect May 3, 1920.)
Derivation: Domestic Relations Law, § 60.