In the Matter of John W. Stuart, an Infant. Frank A. McNamee, Jr., Appellants; Charles M. Stuart, Respondent

Summary

The New York Court of Appeals affirmed the Surrogate's decree appointing Frank A. McNamee, Jr. as guardian of the person of the infant John W. Stuart. The Court held that, for infants over fourteen, the Surrogate may appoint a non‑parent guardian in the child's best interests even absent proof of parental unfitness, and that the Appellate Division erred in reversing the Surrogate's discretionary decision.