In re Newkirk

A bank petitions the court for an order directing the committee of an incompetent to pay to it the amount due for legal services rendered by its counsel with respect to her property in a safe deposit box in petitioner’s vault or, in the alternative, that leave be granted to sue thereon. The proceeding in form accords with the established practice concerning claims against incompetent persons, as pointed out in Grant v. Humbert (114 App. Div. 462), that the court is clothed with full power to pay all just claims against the incompetent and to determine the validity thereof, the summary remedy…