In re the Estate of Burling

S. Samuel Di Falco, S.

Section 64 of the Surrogate’s Court Act provides that where “ an infant appears by his general guardian * * * the surrogate must inquire into the facts, and must * * * appoint a special guardian, if there is any ground to suppose that the interest of the general guardian * * * is adverse to that of the infant ”. (Emphasis added.) Adversity of interest implies no fault on the part of either of the adverse parties. Nor does it mean that any particular person cannot act fairly and objectively even though his legal and financial interests are adverse to one whom he…