In re the Application for the Appointment of a Committee of the Person & Property of Evans

Appellate Division of the Supreme Court of New York

In re the Application for the Appointment of a Committee of the Person & Property of Evans

4 A.D.2d 852, 166 N.Y.S.2d 519, 1957 N.Y. App. Div. LEXIS 4557

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

DecidedSeptember 23, 1957

StatusPublished

This text of 4 A.D.2d 852 (In re the Application for the Appointment of a Committee of the Person & Property of Evans) 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.

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In re the Application for the Appointment of a Committee of the Person & Property of Evans, 4 A.D.2d 852, 166 N.Y.S.2d 519, 1957 N.Y. App. Div. LEXIS 4557 (N.Y. Ct. App. 1957).

Pincite

Opinion

Order reversed, without costs of this appeal to any party, and matter remitted to the Special Term to proceed in accordance with the memorandum. Memorandum: The petition and supporting papers are sufficient to show prima facie that there should be an inquiry into the competency of the alleged incompetent. It was error to dismiss the petition and the order dismissing the petition should be reversed and the matter remitted to the Special Term to proceed upon the petition in accordance with the statute. All concur. (Appeal from an order of Monroe Special Term dismissing the proceeding.) Present—McCurn, P. J., Vaughan, Kimball, Williams and Goldman, JJ.

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Order reversed, without costs of this appeal to any party, and matter remitted to the Special Term to proceed in accordance with the memorandum. Memorandum: The petition and supporting papers are sufficient to show prima facie that there should be an inquiry into the competency of the alleged incompetent. It was error to dismiss the petition and the order dismissing the petition should be reversed and the matter remitted to the Special Term to proceed upon the petition in accordance with the statute. All concur. (Appeal from an order of Monroe Special Term dismissing the proceeding.) Present—McCurn, P. J., Vaughan, Kimball, Williams and Goldman, JJ.

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4 A.D.2d 852, 166 N.Y.S.2d 519, 1957 N.Y. App. Div. LEXIS 4557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-application-for-the-appointment-of-a-committee-of-the-person-nyappdiv-1957.