General
In the Matter of the Guardianship of Elva Clarke, an Infant over Fourteen Years of Age. George M. Clarke, Appellant; Stephen R. Gordon, General Guardian of Elva Clarke, an Infant, etc., and Daniel Becker, Special Guardian of Elva Clarke, an Infant, etc., Respondents
240 A.D. 728·New York Supreme Court, Appellate Division·1933·NY
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Opinion
In the Matter of the Guardianship of Elva Clarke, an Infant over Fourteen Years of Age. George M. Clarke, Appellant; Stephen R. Gordon, General Guardian of Elva Clarke, an Infant, etc., and Daniel Becker, Special Guardian of Elva Clarke, an Infant, etc., Respondents.
[MAJORITY]
Decree appealed from reversed on the law and the facts and the petition of the infant for the appointment of Stephen R. Gordon as her general guardian dismissed, without costs. In our opinion, the Orange county surrogate was without jurisdiction to entertain the application for the appointment of a general guardian of the infant because of the non-residence of said infant. Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ., concur. [145 Misc. 660.]