In re Tombo

Summary

The Surrogate’s Court considers whether a father could appoint a testamentary guardian for his minor child after his marriage to the child’s mother was annulled on the ground of her insanity. The court held that the mother remained a living parent despite the annulment and denied the application for letters of guardianship under the father’s will.

Holdings

1. A father may not appoint a testamentary guardian for a minor child to the exclusion of the child's living mother merely because the parents' marriage was annulled on the ground that the mother was insane at the time of marriage.
2. The annulment judgment did not make Rudolph the sole surviving parent for purposes of appointing a testamentary guardian.

Questions Presented

1. Whether a father may appoint a testamentary guardian for his minor child to the exclusion of the child's living mother when the parents' marriage was annulled because of the mother's lunacy at the time of marriage.
2. Whether the annulment judgment, which deemed the child legitimate and awarded custody to the father, made the father the sole surviving parent for purposes of testamentary guardianship.

Disposition

other