In re Vail
Appellate Division of the Supreme Court of the State of New York
Appeal by Ophelia Vail from an order of the Supreme Court, made at the Hew York Special Term and entered in the. office, of. the clerk of the county of Hew York on the 3d day of January, 1910, as resettled by an order entered on the 14th day of January, 1910, directing that a commission issue to commissioners named, to inquire by a jury of the county whether Francis Vail is an incompetent and incapable of managing his property, and, among other things, enjoining the…
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Appeal by Ophelia Vail from an order of the Supreme Court, made at the Hew York Special Term and entered in the. office, of. the clerk of the county of Hew York on the 3d day of January, 1910, as resettled by an order entered on the 14th day of January, 1910, directing that a commission issue to commissioners named, to inquire by a jury of the county whether Francis Vail is an incompetent and incapable of managing his property, and, among other things, enjoining the appellant from selling, assigning,, disposing of or incumbering any property, real or personal', acquired' by her from the said…
1Opinion of the Court
Laughlin, J.:
This proceeding was instituted by F. Gilleard Vail, who is the son of the alleged incompetent. He made a prior application on a petition verified on the 16th day of September, 1909, which was denied on the 18th day of October, 1909, without prejudice to the renewal thereof. Affidavits were read both in support of and in opposition to the application. It appears that the alleged incompetent is sixty-five years of age and that he has a wife, the appellant, and four children, all of full age, the petitioner and two unmarried daughters who reside at home and one married daughter who…
2Cases cited2 opinions
- In re BurkeAppellate Division of the Supreme Court of the State of New York · 1908
- In re Probate of a Paper Propounded as the Last Will and Testament of PrestonAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- In re the Application for the Appointment of a Committee of the Person & Property of LongAppellate Division of the Supreme Court of the State of New York · 1941
- In re the Appointment of a Committee for the Person & Property WellsAppellate Division of the Supreme Court of the State of New York · 1917