In re the Appointment of a Committee of the Estate of Foster

Appellate Division of the Supreme Court of New York

In re the Appointment of a Committee of the Estate of Foster

230 A.D. 730

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1930·Published·Cited by 6 cases

Opinion

Order as resettled, in so far as appealed from, modified by substituting the City Bank Farmers Trust Company as committee for the incompetent therein named, and as so modified affirmed, without costs. While this court recognizes the competency of the person named by the Special Term to act as committee for the incompetent, it is of opinion that sound discretion dictates the appointment of the appellant’s nominee, City Bank Farmers Trust Company, in the interests of economy and the substantial ends of justice. Rich, Kapper, Hagarty and Carswell, JJ., concur; Lazansky, P. J., not voting.

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Order as resettled, in so far as appealed from, modified by substituting the City Bank Farmers Trust Company as committee for the incompetent therein named, and as so modified affirmed, without costs. While this court recognizes the competency of the person named by the Special Term to act as committee for the incompetent, it is of opinion that sound discretion dictates the appointment of the appellant’s nominee, City Bank Farmers Trust Company, in the interests of economy and the substantial ends of justice. Rich, Kapper, Hagarty and Carswell, JJ., concur; Lazansky, P. J., not voting.

In re the Appointment of a Committee of the Estate of Foster, 230 A.D. 730 (N.Y. Ct. App. 1930).

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Opinion

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