In Re the Revocation of Letters of General Guardianship Issued to Gustow
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1917, which affirmed an order of the New York County Surrogate’s Court revoking letters of guardianship theretofore issued to Charlotte Gustow, as guardian of Dorothy 0. Kirschner, an infant.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1917, which affirmed an order of the New York County Surrogate’s Court revoking letters of guardianship theretofore issued to Charlotte Gustow, as guardian of Dorothy 0. Kirschner, an infant. In October, 1916, Bruno W. Kirschner presented to the Surrogate’s Court of the county of New York a verified petition showing in substance that he is the father of Dorothy Charlotte Kirschner, an infant; that the mother of Dorothy died February 25th, 1915, when the infant was six…
1Opinion of the CourtHogan, J.
The authority of the surrogate to revoke letters of guardianship is conferred by section 2569, Code of Civil Procedure (former section 2832), which section contains several separately numbered subdivisions enumerating the causes for which an order of revocation may be made. Section 2570 requires that the proceeding for revocation must be instituted by petition which must set forth the facts showing that the case is one of those specified in section 2569 of the Code. The petition in this proceeding does not comply with the requirements of the Code. It does not set forth facts disclosing any…
2Cases cited4 opinions
- Matter of KnowackNew York Court of Appeals · 1899
- Wilcox v. . WilcoxNew York Court of Appeals · 1856
- People Ex Rel. Pruyne v. . WaltsNew York Court of Appeals · 1890
- In re CuneenNew York Supreme Court · 1859
3Cited by30 opinions
- People ex rel. Kropp v. ShepskyNew York Court of Appeals · 1953
- In re the Adoption of Male Infant L. Christina L.New York Court of Appeals · 1984
- People ex rel. Scarpetta v. Spence-Chapin Adoption ServiceNew York Court of Appeals · 1971
- Matter of StuartNew York Court of Appeals · 1939
- Stifel v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1952
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