In re the Appointment of a Committee of the Person and Property of Sands

Appellate Division of the Supreme Court of New York

In re the Appointment of a Committee of the Person and Property of Sands

6 A.D.2d 685, 174 N.Y.S.2d 950, 1958 N.Y. App. Div. LEXIS 5737

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

DecidedMay 27, 1958

StatusPublished

This text of 6 A.D.2d 685 (In re the Appointment of a Committee of the Person and Property of Sands) 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 Appointment of a Committee of the Person and Property of Sands, 6 A.D.2d 685, 174 N.Y.S.2d 950, 1958 N.Y. App. Div. LEXIS 5737 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order appointing a committee of the person and property of the incompetent is modified on the law and facts, and in the exercise of discretion, by striking out the appointment of the committee named in the order appealed from and substituting in his place Gerard C. Durr, Esq., the person selected by the sole living next of kin. Upon the record herein there is not an adequate showing that the next of kin’s nominee is disqualified from serving (Matter of More, 268 App. Div. 1055; Matter of Foster, 230 App. Div. 730, affd. 254 N. Y. 614). Costs to all parties filing briefs, payable out of the estate. Appeal from order entered March 18, 1957, denying reargument, is dismissed. Concur — Botein, P. J., Breitel, Frank, McNally and Stevens, JJ.

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

Order appointing a committee of the person and property of the incompetent is modified on the law and facts, and in the exercise of discretion, by striking out the appointment of the committee named in the order appealed from and substituting in his place Gerard C. Durr, Esq., the person selected by the sole living next of kin. Upon the record herein there is not an adequate showing that the next of kin’s nominee is disqualified from serving (Matter of More, 268 App. Div. 1055; Matter of Foster, 230 App. Div. 730, affd. 254 N. Y. 614). Costs to all parties filing briefs, payable out of the estate. Appeal from order entered March 18, 1957, denying reargument, is dismissed. Concur — Botein, P. J., Breitel, Frank, McNally and Stevens, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

6 A.D.2d 685, 174 N.Y.S.2d 950, 1958 N.Y. App. Div. LEXIS 5737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appointment-of-a-committee-of-the-person-and-property-of-sands-nyappdiv-1958.

Opinion

Related

Cite This Page — Counsel Stack