2006 New York Code - 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    The rights and authority of every such guardian shall be superseded by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.