N.Y. Surrogate's Court Procedure Act § 1710: Will or deed containing appointment to be proved A person shall not exercise within the state any power or authority as guardian of the p...

§ 1710. Will or deed containing appointment to be proved

A person shall not exercise within the state any power or authority as

guardian of the person or property of an infant by virtue of the

appointment by the will of an infant's parent, being a domiciliary and

dying after this act takes effect, unless the will has been duly

admitted to probate and recorded in the proper court and letters of

guardianship have been issued thereon; or by virtue of an appointment

contained in a deed of the infant's parent, being a domiciliary,

executed after this act takes effect, unless the deed has been

acknowledged so as to entitle it to be recorded and has been recorded in

the office for recording deeds in the county of domicile of the person

making the appointment at the time of execution thereof.