MATTER OF ARMOUR


2 A.D.2d 840 (1956)

In the Matter of the Accounting of George L. Armour, as Trustee of a Trust Made by Bernard R. Armour, Respondent. Vincent N. Donatone, as Guardian ad Litem of Tobey Armour, an Infant, Respondent; Martha S. Gordon, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 9, 1956


The court had the power to appoint a guardian ad litem under section 1313 of the Civil Practice Act since, in view of the restrictions contained in the order of the Surrogate's Court appointing appellant ancillary guardian of the infant, it is not clear that appellant is the "duly acting guardian" contemplated therein. Under the circumstances the order is unanimously affirmed, with $20 costs and disbursements to the respondent, without prejudice to any application appellant...

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