Majority
p. 1133In re NENNO. (Supreme Court, Appellate Division, Fourth Department. February 3, 1909.)
Headnote
In the matter of the appointment of a
p. 1134
general guardian for Katherine Nenno, an infant over the age of 14 years.
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 the father of the infant.