Downing v. Whitney
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Bichard Downing, as committee of the person and estate of Darling B. Whitney, deceased, an incompetent, against Edwin B. Whitney and others. From a judgment for costs on the overruling of a demurrer, defendants appeal. Affirmed.
1Opinion of the CourtWoodward, J.
Richard Downing, as committee of the person and estate of Darling B. Whitney, an incompetent person, brought *541this action for an accounting as such committee. The plaintiff is one of the incompetent person’s administrators. The appellant demurred to the complaint on the ground that the plaintiff had no legal capacity to sue for the purpose of an accounting, the Code of Civil Procedure providing (section 2844) that:
“Where a person of whose property a committee has been appointed, as prescribed in this title, dies during his incompetency, the power of the committee ceases; and the property of…
2Cases cited5 opinions
- In re Van WyckNew York Court of Chancery · 1846
- In re LofthouseAppellate Division of the Supreme Court of the State of New York · 1896
- In re ForkelAppellate Division of the Supreme Court of the State of New York · 1896
- In re GroutNew York Supreme Court · 1894
- Leggett v. HunterNew York Supreme Court · 1857