In re Stenton

Leventritt, J".

An incompetent person, prior to judicial declaration to that effect, has the right to employ an attorney. At most such a contract is voidable as any other contract of an insane person before the fact has been judicially determined. Blinn v. Schwarz, 177 N. Y. 252. Unless it is shown that some advantage was taken of the principal’s infirmity it would seem that the right to employ an attorney stands, perhaps, on a securer footing than other contracts. And this is so from the very necessities of the case. Before the court has taken unto itself the custody of the incompetent’s…