In re the Application for the Appointment of a Committee of the Person & Estate of Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Howland P. Wells, from an order of the County Court of Ontario county, entered in the office of the clerk of the county of Ontario on the 11th day of May, 1900, denying his motion to confirm an inquisition and dismissing the petition.
1Opinion of the Court
Williams, J.:
The order appealed from must be reversed, and the proceeding remitted to the Ontario County Court, for the exercise of the discretion conferred upon it as to the confirmation of the inquisition .and the appointment of a committee.
The ground upon which the county judge decided the motion was, that neither the petition and affidavits, nor the inquisition, were sufficient to authorize the appointment of a committee, although he expressed the opinion that the evidence before the jury was sufficient to authorize a finding of lunacy. Whatever defects there may have been in the petition…
2Cases cited1 opinion
- Riggs v. . American Tract SocietyNew York Court of Appeals · 1884
3Cited by3 opinions
- In re Probate of a Paper Propounded as the Last Will and Testament of PrestonAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Andrews v. PackerAppellate Division of the Supreme Court of the State of New York · 1908
- Wells v. PrestonAppellate Division of the Supreme Court of the State of New York · 1906