In re Breese's Estate — 156 N.Y.S. 267

Majority

p. 267

(92 Misc. Rep. 850)

In re BREESE’S ESTATE.

(Surrogate’s Court, New York County.

December 7, 1915.)

Headnote

Guabihan and Waed t$u=>13—Appointment—Who may Petition.

Under Code Civ. Proe. § 2851, snbd. 2, one authorized to act as guardian for infants within the county of the residence of the infants may apply for ancillary letters of guardianship. Under section 2855, ancillary letters of guardianship will be issued to the petitioner it the surrogate is satisfied that the case is within section 2854. The petitioner applied for ancillary letters of guardianship to issue to him and another person jointly. Held, that the letters could issue to the petitioner only.

[Ed. Note.—For other cases, see Guardian and Ward, Cent. Dig. §§ 4CM52; Dec. Dig. <g=»13.]

<S^>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes

In the matter of the application for ancillary letters of guardianship in the estate of William Lawrence Breese and Hamilton Fish Breese, infants.

Letters granted.

Marvin, Hooker & Roosevelt, of New York City, for petitioner.

This is an application for the grant of ancillary letters of guardianship to the petitioners as joint ancillary guardians. Under section 2654, subdivision 2, the application for ancillary letters must be made by the person authorized to act as guardian within the country where the infant resides. Section 2655 provides that if the surrogate is satisfied that the case is within section 2654, and “that it will be for the ward’s interest that ancillary letters of guardianship should be issued to the petitioner,” he may grant letters of guardianship accordingly. This section merely provides for the granting of letters to the petitioner, and not to the petitioner and another person jointly. There is no provision of the Code which authorizes the issuance of joint letters of guardianship in the Surrogate’s Court.

The decree should provide for the issuance of ancillary letters to Julia Fish Breese.