In re the Appointment of a Committee of the Person & Property of McCarthy

New York Court of Appeals

In re the Appointment of a Committee of the Person & Property of McCarthy

107 N.E.2d 88, 304 N.Y. 601, 1952 N.Y. LEXIS 850

CourtNew York Court of Appeals

DecidedJune 5, 1952

StatusPublished

Cited by2 cases

This text of 107 N.E.2d 88 (In re the Appointment of a Committee of the Person & Property of McCarthy) is published on Counsel Stack Legal Research, covering New York Court of Appeals 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 & Property of McCarthy, 107 N.E.2d 88, 304 N.Y. 601, 1952 N.Y. LEXIS 850 (N.Y. 1952).

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Opinion

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. The determination of the make-up of a committee of an incompetent, and of allowances to attorneys and others in such a proceeding, rests in the sound discretion of the Supreme Court, and, in the exercise of that discretion, the Appellate Division stands in the same position as the Special Term. Therefore, the Appellate Division’s order of modification — “on the law and on the facts and in the exercise of the court’s discretion” — presents no question for review by this court. No opinion.

Concur: Lotjghean, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Feoessel, JJ.

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Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. The determination of the make-up of a committee of an incompetent, and of allowances to attorneys and others in such a proceeding, rests in the sound discretion of the Supreme Court, and, in the exercise of that discretion, the Appellate Division stands in the same position as the Special Term. Therefore, the Appellate Division’s order of modification — “on the law and on the facts and in the exercise of the court’s discretion” — presents no question for review by this court. No opinion.

Concur: Lotjghean, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Feoessel, JJ.

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Bluebook (online)

107 N.E.2d 88, 304 N.Y. 601, 1952 N.Y. LEXIS 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appointment-of-a-committee-of-the-person-property-of-mccarthy-ny-1952.

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