In re the Guardianship of Burns

New York Surrogate's Court

In re the Guardianship of Burns

51 Misc. 662, 102 N.Y.S. 203

New York Surrogate's Court·Decided October 15, 1906·Published

Opinion

Church, S.

It appears that the letters of guardianship were issued upon a false representation of the facts. This, of itself, would be sufficient to revoke such letters; but, in addition, it is apparent from a true statement of the facts that this court would not have any jurisdiction under any circumstances. It follows, therefore, that the letters in question should be revoked and the guardian, who has- been thus improperly appointed, directed to account.

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Church, S.

It appears that the letters of guardianship were issued upon a false representation of the facts. This, of itself, would be sufficient to revoke such letters; but, in addition, it is apparent from a true statement of the facts that this court would not have any jurisdiction under any circumstances. It follows, therefore, that the letters in question should be revoked and the guardian, who has- been thus improperly appointed, directed to account.

In re the Guardianship of Burns, 51 Misc. 662, 102 N.Y.S. 203 (N.Y. Super. Ct. 1906).

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