In re Rooney

Wingate, S.

This is an application by a special guardian appointed by order of this court for the removal of the general guardian of an infant on the grounds that he (1) has failed to file the annual report due in January, 1932, required by section 190 of the Surrogate’s Court Act; and (2) has improperly invested the trust funds in his hands belonging to the infant’s estate.

The first allegation is not denied and stands proved by the records of the court itself. The second question is submitted for decision as a matter of law, on admitted facts.

The infant was born on June 24, 1916. His mother…