In re the Application for Letters of Guardianship of the Person

Appellate Division of the Supreme Court of New York

In re the Application for Letters of Guardianship of the Person

264 A.D. 899, 35 N.Y.S.2d 853, 1942 N.Y. App. Div. LEXIS 5302

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 29, 1942

StatusPublished

Cited by1 cases

This text of 264 A.D. 899 (In re the Application for Letters of Guardianship of the Person) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Application for Letters of Guardianship of the Person, 264 A.D. 899, 35 N.Y.S.2d 853, 1942 N.Y. App. Div. LEXIS 5302 (N.Y. Ct. App. 1942).

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Opinion

Appeal from a decree of the Surrogate’s Court of Westchester County in so far as it denies the petition of an infant for the appointment of his father as guardian of his property. Decree, in so far as appealed from, reversed on the facts, without costs, and the matter remitted to the Surrogate’s Court with the direction that it enter a decree appointing Hans Weinmann as guardian of the property of the infant petitioner, and the Guaranty Trust Company of New York as custodian of the money and securities of the infant petitioner, and fix an appropriate amount for the guardian’s corporate bond, which amount shall reflect the fact that the property is in corporate custody. There is nothing in this record that discloses any disability or disqualification on the part of the infant’s nominee to act as the guardian of his property. On the contrary, it aifirmatively appears that he is especially qualified to act and that the best interests of the infant will be subserved by his appointment. The rejection, there[900]*900fore, of the infant’s nominee was an improvident exercise of discretion. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur. [178 Misc. 227.]

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Appeal from a decree of the Surrogate’s Court of Westchester County in so far as it denies the petition of an infant for the appointment of his father as guardian of his property. Decree, in so far as appealed from, reversed on the facts, without costs, and the matter remitted to the Surrogate’s Court with the direction that it enter a decree appointing Hans Weinmann as guardian of the property of the infant petitioner, and the Guaranty Trust Company of New York as custodian of the money and securities of the infant petitioner, and fix an appropriate amount for the guardian’s corporate bond, which amount shall reflect the fact that the property is in corporate custody. There is nothing in this record that discloses any disability or disqualification on the part of the infant’s nominee to act as the guardian of his property. On the contrary, it aifirmatively appears that he is especially qualified to act and that the best interests of the infant will be subserved by his appointment. The rejection, there[900]*900fore, of the infant’s nominee was an improvident exercise of discretion. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur. [178 Misc. 227.]

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Bluebook (online)

264 A.D. 899, 35 N.Y.S.2d 853, 1942 N.Y. App. Div. LEXIS 5302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-application-for-letters-of-guardianship-of-the-person-nyappdiv-1942.

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