Appellate Division of the Supreme Court of New York, 1909

In re the Appointment of a General Guardian for Nenno

In re the Appointment of a General Guardian for Nenno
Appellate Division of the Supreme Court of New York · Decided February 15, 1909
130 A.D. 906; 115 N.Y.S. 1133
In re the Appointment of a General Guardian for Nenno

Opinion of the Court

Decree reversed, without costs, and the matter remitted to the surrogate for further action. Held, that while the surrogate properly determined that some person other than the father should be appointed guardian, we think it was not a proper exercise of discretion to appoint Hugh Hubbard,in view of the relations of .all the parties interested, and if a guardian is to be appointed it should be some person other than the said Hugh Hubbard or father of the infant. All concurred.

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