
    In the matter of Sharp against Joseph Pell, Sarah his Wife, and Daniel Trembly, in partition.
    *11 JJIH fft’*U4ty where an in-rested,8 a’"peaáScm m»it by the^court^ under the act. cient "hat'the petition,“"¿o. are served on his testamen• tary, or other thin™SUar" Inproceedings
    T. A. EMMET presented the petition of Sharp, and moved „4 1 L ___ that commissioners be appointed to make partition, &c. The affidavit of the service of the petition and notice, stated that copies had been personally served on Joseph Pell and on Sarah HeZ/, as the testamentary guardians of Daniel Trembly.
    
      Mulligan, contra,
    , objected to the sufficiency of the service, He said that a guardian ad litem ought to have been appointed, and the service made on such guardian.
   Per Curiam.

We have frequently decided, in relation to the proceedings in partition, where an infant is concerned, that a guardian ad litem must be appointed under the act. It is not sufficient that the testamentary or other general guardian is made a party. The infant must, therefore, name and apply for the appointment of a guardian ad litem, in this case, or the court will appoint a guardian for him. 
      
       See Matter ef Stratton and others, (1 Johns. Rep. 509.)
     