In re the Second & Final Accounting of Hanover Bank

New York Surrogate's Court

In re the Second & Final Accounting of Hanover Bank

18 Misc. 2d 317, 163 N.Y.S.2d 40, 1957 N.Y. Misc. LEXIS 2924

DecidedJune 4, 1957

StatusPublished

This text of 18 Misc. 2d 317 (In re the Second & Final Accounting of Hanover Bank) 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.

Bluebook

In re the Second & Final Accounting of Hanover Bank, 18 Misc. 2d 317, 163 N.Y.S.2d 40, 1957 N.Y. Misc. LEXIS 2924 (N.Y. Super. Ct. 1957).

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Opinion

John D. Bennett, S.

The petition on this accounting requests that ‘ * the true meaning and intention of the testator ’ ’ be examined; that his will be construed, and that rights of infant parties having conflicts of interests be determined.

There have been submitted pro forma applications by two infants aged 14% years and 19% years, each of whom nominates his “own” special guardian. The affidavits submitted are almost entirely devoid of factual material and are replete with naked conclusions. Such facts as are stated would lead to the conclusion that at least one of the nominees should not be appointed. Such papers are inadequate to permit the court to determine whether the appointment of the nominated special guardians would be proper.

The applications will appear on the calendar of June 12 for hearing, at which time each of the affiants who submitted affidavits, including both infants, will appear and be examined before the court.

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John D. Bennett, S.

The petition on this accounting requests that ‘ * the true meaning and intention of the testator ’ ’ be examined; that his will be construed, and that rights of infant parties having conflicts of interests be determined.

There have been submitted pro forma applications by two infants aged 14% years and 19% years, each of whom nominates his “own” special guardian. The affidavits submitted are almost entirely devoid of factual material and are replete with naked conclusions. Such facts as are stated would lead to the conclusion that at least one of the nominees should not be appointed. Such papers are inadequate to permit the court to determine whether the appointment of the nominated special guardians would be proper.

The applications will appear on the calendar of June 12 for hearing, at which time each of the affiants who submitted affidavits, including both infants, will appear and be examined before the court.

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Bluebook (online)

18 Misc. 2d 317, 163 N.Y.S.2d 40, 1957 N.Y. Misc. LEXIS 2924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-second-final-accounting-of-hanover-bank-nysurct-1957.