Legal Opinion

Matter of Clark

New York Court of Appeals

Decided May 12, 1903PublishedCited by 15 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 5, 1902, which affirmed orders of the Ontario County Court appointing a committee of the person and of the property of Eugene P. Clark, an alleged incompetent person. The facts, so far as material, are stated in the opinion. The finding of the jury, “ That the said Eugene P. Clark is an incompetent person and unfit to manage his affairs.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 5, 1902, which affirmed orders of the Ontario County Court appointing a committee of the person and of the property of Eugene P. Clark, an alleged incompetent person. The facts, so far as material, are stated in the opinion. The finding of the jury, “ That the said Eugene P. Clark is an incompetent person and unfit to manage his affairs. That such infirmity manifests itself in weakness of mind,” is not a compliance with the statute and is insufficient and could not be…

1Per curiam

The application was made to the County Court of Ontario county for the appointment of a committee of the person and estate of Eugene P. Clark. The petition alleges “ that the said Clark was incompetent to manage, himself or his affairs, and is of weak mind and easily worked upon by any persons who obtain a controlling influence over him,” and sets forth other facts respecting him, his property and those who were his heirs at law and next of kin. Accompanying the petition is an affidavit by two persons, who had long known Clark and who stated that “ during many years last past the said Clark…

2Cited by15 opinions

  1. Matter of CaseNew York Court of Appeals · 1915
  2. In re CurtissAppellate Division of the Supreme Court of the State of New York · 1909
  3. In re BurkeAppellate Division of the Supreme Court of the State of New York · 1908
  4. Woelk v. LuckhardtNebraska Supreme Court · 1938
  5. Caple v. DrewSupreme Court of Kansas · 1904

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