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

Appeal from an order of the Supreme Court at Special Term, Sullivan County, which directed that the question of respondent-appellant’s ineompeteney be tried by a jury and that he submit to a preliminary psychiatric examination. The controlling statute, section 101 of the Mental Hygiene Law, which became effective in 1963, in pertinent part provides: “(3) Contents of petition. The petition shall be verified and, insofar as can be ascertained with reasonable diligence, shall state facts showing incompetence; * *s * (5) Triai on issue of ineompeteney. Unless the court decides, in the exercise of…