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Matter of Daggett

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1941
262 App. Div. 867 (N.Y. App. Div. 1941)

Opinion

June 16, 1941.

Appeal from Surrogate's Court of Kings County.

Present — Lazansky, P.J., Carswell, Johnston, Adel and Taylor, JJ.


Decree unanimously affirmed, with costs payable by the appellant personally. The record amply justifies the action of the surrogate for the reasons stated by him relating to the best interests of the infant. In addition, the undisputed proof establishes that the petition upon which the appellant was originally appointed contained false suggestions of material facts which required the revocation of the letters issued to the appellant. (Surr. Ct. Act, § 99, subd. 4; Matter of Campbell, 192 N.Y. 312.) This is so even if the erroneous statements were innocently made. ( Matter of Gaffney, 141 Misc. 453, 455; Kerr v. Kerr, 41 N.Y. 272, 276.)


Summaries of

Matter of Daggett

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1941
262 App. Div. 867 (N.Y. App. Div. 1941)
Case details for

Matter of Daggett

Case Details

Full title:In the Matter of the Petition of SARAH LEAHY DAGGETT, for a Decree…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 16, 1941

Citations

262 App. Div. 867 (N.Y. App. Div. 1941)

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