Legal Opinion

Matter of Case

New York Court of Appeals

Decided February 25, 1915PublishedCited by 132 opinions

App.e al from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 6, 1914, which affirmed an order of Special Term appointing a committee of the property of an alleged incompetent. The facts, so far as material, are stated in the opinion. There is no proof to be found in the record of- the incompetency of John H. Case.

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App.e al from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 6, 1914, which affirmed an order of Special Term appointing a committee of the property of an alleged incompetent. The facts, so far as material, are stated in the opinion. There is no proof to be found in the record of- the incompetency of John H. Case. (L. 1892, ch. 677, § 28; Matter of Clark, 175 N. Y. 139.) The papers and evidence upon which the application was made were insufficient to warrant an order directing a commission to issue. (Matter of Fox, 138 App. Div. 43;…

1Opinion of the CourtCardozo, J.

An order of the Supreme Court has adjudged that John H. Case is an incompetent person, unable to manage his affairs, and has appointed a com mittee of his estate. He maintains before us that the order is without evidence to support it. At the time of the hearing he was sixty-six years of age. Two sisters, both his seniors, have set the proceeding in motion. The case against him rests almost solely on their testimony, which has given us a picture of his life. It was passed on the little farm in Fredonia that belonged to his father. He went to school when a boy, but took no interest in books,…

2Cases cited5 opinions

  1. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Laidlaw v. . SageNew York Court of Appeals · 1899
  3. White v. . MillerNew York Court of Appeals · 1877
  4. People v. . PersceNew York Court of Appeals · 1912
  5. Matter of ClarkNew York Court of Appeals · 1903

3Cited by132 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. In Re the Estate of FindlayNew York Court of Appeals · 1930
  3. People v. . GalboNew York Court of Appeals · 1916
  4. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  5. Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929

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