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

Order modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party. Memorandum: “ Upon the presentation of a petition the court inquires by means of a jury or commission into the question of insanity and the property of the alleged incompetent. The finding of the jury or the commissioners is termed * an inquisition’ (Section 1368), and upon it the court appoints a committee to take charge of the incompetent’s property.” (Finch v. Goldstein, 245 N. Y. 300, 304.) The inquiry in respect to competency “ must be confined to the question whether he…