In re Norton

Appellate Division of the Supreme Court of New York

In re Norton

248 A.D. 575

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1936·Published

Opinion

We think that the petitioner, even if he made out the allegations of his petition so as to obtain a favorable report from a special guardian, would not be entitled to invade his incompetent mother’s estate for his support. Income now received is insufficient for her own proper maintenance. Hence the appointment of a special guardian to take proof and report was not proper in the circumstances. The order should be reversed, with twenty dollars costs and disbursements, and the motion denied. Present — Martin, P. J., McAvoy, O’Malley, Townley and Dore, JJ.

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We think that the petitioner, even if he made out the allegations of his petition so as to obtain a favorable report from a special guardian, would not be entitled to invade his incompetent mother’s estate for his support. Income now received is insufficient for her own proper maintenance. Hence the appointment of a special guardian to take proof and report was not proper in the circumstances. The order should be reversed, with twenty dollars costs and disbursements, and the motion denied. Present — Martin, P. J., McAvoy, O’Malley, Townley and Dore, JJ.

In re Norton, 248 A.D. 575 (N.Y. Ct. App. 1936).

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