In re the Ancillary Appointment of a Foeign Committee of the Estate of Cline

Appellate Division of the Supreme Court of New York

In re the Ancillary Appointment of a Foeign Committee of the Estate of Cline

283 A.D. 1011, 130 N.Y.S.2d 838, 1954 N.Y. App. Div. LEXIS 6112

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

DecidedJune 1, 1954

StatusPublished

Cited by1 cases

This text of 283 A.D. 1011 (In re the Ancillary Appointment of a Foeign Committee of the Estate of Cline) 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 the Ancillary Appointment of a Foeign Committee of the Estate of Cline, 283 A.D. 1011, 130 N.Y.S.2d 838, 1954 N.Y. App. Div. LEXIS 6112 (N.Y. Ct. App. 1954).

Pincite

Opinion

Per Curiam,.

We are constrained to agree with the report of the learned Referee, confirmed by Special Term, finding that incompetent is a resident of the State of New York. The present issue has arisen on the question of whether the incompetent resides without the State so that the committee appointed in Ohio might be named ancillary committee of the property of the incompetent within this State pursuant to section 1363 of the Civil Practice Act. Failing a showing of such residence without the State, the foreign committee may not claim appointment as an ancillary committee (Matter of McHie, 233 App. Div. 388, affd. 258 N. Y. 589).

Petitioner may still successfully apply here for the appointment of herself as committee of the incompetent under section 1359 of the Civil Practice Act (Matter of De Teplow, 88 N. Y. S. 2d 215).

The order appealed from should be affirmed, with costs.

Peck, P. J., Dore, Callahan, Breitel and Bergan, JJ., concur.

Order unanimously affirmed, with $20 costs and disbursements to the respondent.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam,.

We are constrained to agree with the report of the learned Referee, confirmed by Special Term, finding that incompetent is a resident of the State of New York. The present issue has arisen on the question of whether the incompetent resides without the State so that the committee appointed in Ohio might be named ancillary committee of the property of the incompetent within this State pursuant to section 1363 of the Civil Practice Act. Failing a showing of such residence without the State, the foreign committee may not claim appointment as an ancillary committee (Matter of McHie, 233 App. Div. 388, affd. 258 N. Y. 589).

Petitioner may still successfully apply here for the appointment of herself as committee of the incompetent under section 1359 of the Civil Practice Act (Matter of De Teplow, 88 N. Y. S. 2d 215).

The order appealed from should be affirmed, with costs.

Peck, P. J., Dore, Callahan, Breitel and Bergan, JJ., concur.

Order unanimously affirmed, with $20 costs and disbursements to the respondent.

Cite This Page — Counsel Stack

Bluebook (online)

283 A.D. 1011, 130 N.Y.S.2d 838, 1954 N.Y. App. Div. LEXIS 6112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-ancillary-appointment-of-a-foeign-committee-of-the-estate-of-nyappdiv-1954.

Opinion

Related

Cite This Page — Counsel Stack