Majority
p. 286(60 Misc. Rep. 272.) In re BARTSCH. (Surrogate’s Court, Kings County. July, 1908.)
Headnote
Guardian and Ward (§ 50[1] )—Powers of Guardian—Borrowing Money—Order of Court.Where a guardian has obtained an order authorizing him to borrow money on a life insurance policy, it will not be vacated for the purpose of granting another order to the same effect, but giving in addition authority to the insurance company to cancel the policy on default in payment of a loan and to apply the surrender value to the loan and interest.
[Ed. Note.—For other cases, see Guardian and Ward, Cent. Dig. § 228; Dec. Dig. § 50.*]
p. 287
In the matter of the guardianship of William Bartsch.
Application of guardian to vacate order authorizing him to borrow money denied.
Abraham Lehman, for petitioner.
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.