In re the Guardianship of Bartsch
This text of 6 Mills Surr. 515 (In re the Guardianship of Bartsch) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The surrogate’s power to authorize the guardian to borrow upon the life insurance policy is doubtful; but, the order having been made in that respect, it is now sought to vacate the same so that another order may be made containing not only the same authority to the guardian but, in addition, authority to the insurance company to cancel the policy in the event of default in the payment of the loan and to apply the cash surrender value under such cancellation to said loan and interest. However uncertain may be the jurisdiction of the court with respect to the instruction to the guardian, it is unquestionably clear that the permission or direction to the insurance company would be void and absurd.
The original order will not be disturbed.
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Cite This Page — Counsel Stack
6 Mills Surr. 515, 60 Misc. 272, 113 N.Y.S. 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-guardianship-of-bartsch-nysurct-1908.