MATTER OF BURLING


41 Misc.2d 742 (1963)

In the Matter of The Estate of John L. Burling, Deceased.

Surrogate's Court, New York County.

December 9, 1963


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan for Edward Burling, Jr., as general guardian. Edward R. Peckerman for petitioner. William A. Wallace for Fidelity & Deposit Company of Maryland.


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...

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