In re Owens
New York Court of Common Pleas
Appeal from an order of this court, made at special term. One Francis Owens dying in 1868, by his will gave all his property (in which was included certain real estate) to his wife, Ann Owens, for her life, and on her death three-quarters thereof to his daughter Ann Eliza Owens, and the remaining one-quarter to his daughter Sarah Ann Owens.
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Appeal from an order of this court, made at special term. One Francis Owens dying in 1868, by his will gave all his property (in which was included certain real estate) to his wife, Ann Owens, for her life, and on her death three-quarters thereof to his daughter Ann Eliza Owens, and the remaining one-quarter to his daughter Sarah Ann Owens. In May, 1873, Ann Owens applied to have her daughter Ann Eliza declared an idiot, and on a commission duly issued for that purpose she was so declared. Of this application no notice was given to Sarah Ann Owens, who was then the wife of "William J. Suttie.…
1Opinion of the Court
Daly, Chief Justice.
This is an appeal from an order denying a motion to vacate an order appointing Nathaniel Jarvis, Jr., the committee of the estate of the idiot, upon the ground that the idiot’s sister, Sarah A. Suttie, who is a tenant in common with the idiot of real estate under the will of their father, had no notice of the proceeding by which Mr. Jarvis, upon the consent of the idiot’s mother, was appointed committee of the person and estate, or of the proceedings by which Ann Eliza Owens was found to be an idiot.
It is not denied but that she is an idiot, nor is the finding of the…
2Cases cited4 opinions
- In re TaylorNew York Court of Chancery · 1842
- In re SalisburyNew York Court of Chancery · 1818
- In re ColahNew York Court of Common Pleas · 1871
- Lamoree's CaseNew York Supreme Court · 1860
3Cited by5 opinions
- Adams v. SmithNew York Supreme Court · 1887
- In re AndrewsNew York Supreme Court · 1907
- In re AndrewsAppellate Division of the Supreme Court of the State of New York · 1908
- In re PflegharNew York Supreme Court · 1946
- In re PageNew York Court of Common Pleas · 1877