In re Andrews
Appellate Division of the Supreme Court of the State of New York
Appeal by Mannie Y. Boosevelt and another from an order of the Supreme Court, made at the Bockland Special Term and entered in the office of the clerk of the county of Westchester on the 27th day of October, 1908, directing an inquiry into the present mental condition of Blanche L. Andrews, granted on the motion of her husband.
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Appeal by Mannie Y. Boosevelt and another from an order of the Supreme Court, made at the Bockland Special Term and entered in the office of the clerk of the county of Westchester on the 27th day of October, 1908, directing an inquiry into the present mental condition of Blanche L. Andrews, granted on the motion of her husband. Blanche L. Andrews was found upon due inquisition in 1903 to be a lunatic, and committees of her person and her property were appointed by the Supreme Court in Mew York county, the place of her residence with her husband.
1Opinion of the Court
Gaynor, J.:
This application should have been made in the county of Mew York, and the court should have refused to hear it in the county of Bockland. A proceeding to have a person declared a lunatic, and his property and person put in the charge of a committee, has to be had in the judicial district in which such person resides, as is prescribed by section 2323 of the Code of Civil Procedure. Section *5872343 provides that when the lunatic becomes competent again, the court must discharge the committee of his person and property, and restore his property to him. It does not specifically say…
2Cases cited1 opinion
- Putney v. FlaglerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- In re the Application for the Appointment of a Committee of the Person & Property of Beechwood, New York County Courts1931
- Edwards v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1956
- In re the Discharge of the Committee of the Property of BelcherAppellate Division of the Supreme Court of the State of New York · 1952