Legal Opinion

In re the Appointment of a Committee of the Person & Property of Schluer

New York Supreme Court

Decided September 9, 1959Published

1Opinion of the CourtIrving H. Saypol, J.

The motion by the attorneys for the respondent, the person allegedly mentally incompetent to manage herself or her affairs, etc., to confirm the verdict of *466the jury is denied. The verdict of the jury is rejected as against the evidence (Civ. Prac. Act, § 1370) and a new trial is directed to a jury on the questions of fact of whether or not the respondent is incompetent to manage herself or her affairs in consequence of imbecility arising from old age or loss of memory and understanding and as to her property and her income.

The trial was directed (17 Misc 2d 325) on the authority of section…

2Cases cited5 opinions

  1. Matter of Small v. MossNew York Court of Appeals · 1938
  2. Ellarson v. EllarsonAppellate Division of the Supreme Court of the State of New York · 1921
  3. In re RussellNew York Court of Chancery · 1845
  4. In re the Application for the Appointment of a Committee of the Person of MarksNew York Supreme Court · 1914
  5. In re the Appointment of a Committee of the Person & Property of SchluerNew York Supreme Court · 1959

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