In re Fleming

Motion to dismiss appeal granted, with costs. By the death of the alleged incompetent the proceedings abated. (Matter of Beckwith, 87 N. Y. 503, 508; Carter v. Beckwith, 128 id. 312, 321.) The theory of the appellants that the proceedings contain a libelous statement in setting forth that relatives of the alleged incompetent died insane does not give the appellants the right to continue this appeal. The matter of expunging this statement was before the Special Term when the commitment was vacated. That order should have expunged the statement if it was subject to such a ruling. As it did not,…