N.Y. Domestic Relations Law § 80: Guardians in socage

§ 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The rights and authority of every such guardian shall be superseded by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.