Majority
p. 203(51 Misc. Rep. 662) In re BURNS et al. (Surrogate’s Court, Kings County. October, 1906.)
Headnote
Guardian and Ward—Appointment Under Misrepresentation—Revocation.Where letters of guardianship are issued upon false representations, and it appears from the true statement of the facts that the Surrogate’s Court would not have jurisdiction of the matter under any circumstances, the letters should be revoked, and the guardian directed to account.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 25, Guardian and Ward, §§ 71, 7S.]
In the matter of the guardianship of Guy Burns and another, infants.
George H. Alexander, for petitioner.
John S. Bennett, for general guardian.
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.
p. 204
It,follows, therefore, that the letters in question should be revoked, and the guardian, who has been thus improperly appointed, directed to account.