In re Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by Louisa Williams, an alleged incompetent person, from an order of the Onondaga County Court, entered in the office of the clerk of the county of Onondaga on the 12th day of April, 1897, denying her motion for a new trial and confirming the findings of a jury upon the execution of a commission in proceedings de lunático inquirendo, with notice of an intention to bring up for review upon such appeal the rulings of the commissioner on the trial and the exceptions taken…
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Appeal by Louisa Williams, an alleged incompetent person, from an order of the Onondaga County Court, entered in the office of the clerk of the county of Onondaga on the 12th day of April, 1897, denying her motion for a new trial and confirming the findings of a jury upon the execution of a commission in proceedings de lunático inquirendo, with notice of an intention to bring up for review upon such appeal the rulings of the commissioner on the trial and the exceptions taken thereto. In September, 1896, a petition was prepared, addressed to the County Court in behalf of Myrtle Sullivan and…
1Opinion of the Court
Hardin, P. J.:
Petitioners called Dr. Donohue as a witness, who gave extensive testimony in respect to an examination he had made of the appellant, and as to an interview had with her, and after a hypothetical question propounded to the witness, he was asked: “ What would you say as to whether she is or is not a proper person competent to manage herself and her affairs 1 ” This question was objected to as incompetent and improper in form, and upon the ground that it was not the proper test of her competency within the meaning of the Code. The objections were overruled, and an exception was…
2Cases cited1 opinion
- Lamoree's CaseNew York Supreme Court · 1860
3Cited by2 opinions
- In re the Application for the Appointment of a Committee of the Person of MarksNew York Supreme Court · 1914
- In re the Probate of the Will of WhiteNew York Court of Appeals · 1957