In re Gibbons
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by Edward Gibbons, an alleged incompetent, and others, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 22d day of August, 1917, denying a motion to set aside the verdict of a jury and confirming said verdict and finding Edward Gibbons incompetent and appointing a committee of his person and property.
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Reargument of an appeal by Edward Gibbons, an alleged incompetent, and others, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 22d day of August, 1917, denying a motion to set aside the verdict of a jury and confirming said verdict and finding Edward Gibbons incompetent and appointing a committee of his person and property. The notice of appeal also purports to appeal from the verdict and from all the proceedings herein. The appeal by the alleged incompetent is joined in by such of his children as…
1Opinion of the Court
Kruse, P. J.:
A careful re-examination after the reargument convinces us that our former decision (183 App. Div. 917) was right and *303should stand. The alleged incompetent is a man nearly eighty years old. He came to this country early in life; engaged in farming; raised eight children, and by hard work and frugality saved a little property. His wife died July 7, 1916, and this proceeding was commenced the following March.
Upon one side of this controversy is the petitioner, a daughter, and one of her brothers and his wife, assisted by her husband, who is a lawyer and an attorney in this…
2Cited by2 opinions
- In re McKitterickAppellate Division of the Supreme Court of the State of New York · 1955
- In re the Appointment of a Committee of the Person & Property of ErnstAppellate Division of the Supreme Court of the State of New York · 1947