In re Application for Appointment of Committee of the Person & Property of Ackermann

Order reversed upon the law and the facts, without costs, and proceeding dismissed, without costs. The issuance of a commission to inquire into the mental condition of an alleged incompetent is justified only when it presumptively appears to the satisfaction of the court, first, that the person proceeded against is incompetent, and, second, that a committee should in the exercise of sound discretion be appointed. Incompetency alone is insufficient, for the situation may be such that no committee is necessary. The record discloses that the alleged incompetent is living happily with two of his…