Majority
p. 1095COUGHLIN v. FAY et al. (Supreme Court, General Term, First Department. April 14, 1893.) Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.
Headnote
Guardian and Ward—Submitted Case—Jurisdiction.A submission of a controversy involving the rights of infants, entered into on their behalf by their general guardians, gives the court no jurisdiction to adjudicate upon the rights of the infants.
Case submitted on agreed statement.
Agreed case submitted by Teresa Coughlin against James Fay, as executor, and Catharine Keenan, as executrix, of the last will and testament of Owen Keenan, deceased, Catharine Keenan, individually, and as general guardian of Thomas Keenan, and James Fay, as general guardian of James Francis Fay, to obtain a construction of the will of said Owen Keenan.
Dismissed.
C. Strauss, for plaintiff.
D. Daly, for defendants.
Upon an examination of the papers contained in this submission, it appears that there is an attempt to affect the rights of infants by such submission, and to make such infants parties to such submission by the action of their general guardians. We are aware of no way in which the court can acquire jurisdiction of infants except by action brought on behalf of the infant by a guardian ad litem, or by the service of a summons, as prescribed by the Code, upon the infant. A general guardian has no power to submit a cause of action, either on behalf of or against an infant, so as to give the court jurisdiction to adjudicate upon the rights of the infant.
This attempted submission must therefore be dismissed.