Opinion
April 19, 1943.
Order of the Surrogate's Court of Westchester County denying appellant's application to set aside the decrees of September 22, 1928, and November 3, 1930, which settled the intermediate and final accounts of respondent Levy, the original guardian of her property, and permitted him to resign as such guardian, affirmed, with one bill of ten dollars costs and disbursements to respondents. The record on appeal and the order of this court dated March 8, 1943, limit us to a consideration of the issue of fraud. The proof submitted was inadequate to support the allegations of the petition that respondent Levy obtained the decrees, sought to be vacated, by fraudulent concealment of matters which should have been disclosed to the court and the special guardians representing the appellant in those proceedings. Since another guardian was appointed to succeed respondent Levy, his guardianship did not continue and the court had jurisdiction finally to settle his accounts as guardian. ( Matter of Hawley, 104 N.Y. 250.) Close, P.J., Hagarty, Johnston, Taylor and Lewis, JJ., concur.