In re Norton

Appellate Division of the Supreme Court of New York

In re Norton

248 A.D. 575

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1936

StatusPublished

This text of 248 A.D. 575 (In re Norton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

248 A.D. 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-norton-nyappdiv-1936.