In re the Estate of Mortimer

In this proceeding for the intermediate judicial settlement of the trustees’ account, the guardian ad litem raises objection to the manner of service of citation on *1087his infant ward. This substantive jurisdictional objection, having been presented to the court in the guardian ad litem’s report, cannot be overlooked despite the absence of similar objections by any adult party to this proceeding. The infant, a presumptive remainderman, is a necessary party. (SCPA 2210, subd 9.)

It is not disputed that the infant’s mother was served personally (he being under 14 years of age) on Sunday, September…