In re Page
New York Court of Common Pleas
This is an, appeal from an order, confirming the report of a referee, to whom, by an order of this court, it was referred to inquire and report, among other things, who was a suitable and proper person to be appointed a committee of the' person and estate of the above-named Benjamin Page, a lunatic. The applicants for such appointment, before said referee, were twoy to wit: Mr. Stephen H. Olin and Mr. Robert L. Keen.
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This is an, appeal from an order, confirming the report of a referee, to whom, by an order of this court, it was referred to inquire and report, among other things, who was a suitable and proper person to be appointed a committee of the' person and estate of the above-named Benjamin Page, a lunatic. The applicants for such appointment, before said referee, were twoy to wit: Mr. Stephen H. Olin and Mr. Robert L. Keen. Mr. Olin is in no way related to the lunatic, Mr. Keen is his first cousin. The other relatives of the lunatic are Mrs. Croghan and Mrs.. Brown, aunts of the whole blood, and…
1Opinion of the Court
Van Brunt, J.,
in confirming the report says: “ Under the decision in the case of Matter of Owens (5 Daly, 288) I am compelled to confirm this report, but I cannot do so without expressing my dissent from the doctrine enunciated in that case, that next of kin are excluded from appointment as committees of person or estate of lunatics. I don't think the authorities will support such a doctrine.”
*102We submit that the conclusions which the referee seeks to draw from the two cases in this court, and by which he insists he is governed, were not of controlling authority on the question now before the…
2Cases cited6 opinions
- In re TaylorNew York Court of Chancery · 1842
- In re MasonNew York Supreme Court · 1847
- In re ColahNew York Court of Common Pleas · 1871
- In re LivingstonNew York Court of Chancery · 1815
- In re OwensNew York Court of Common Pleas · 1874
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