Miske v. Habay

The opinion of the court was delivered by

Heher, J.

The essential question here is whether the old Orphans’ Court had jurisdiction to entertain and adjudicate an account tendered by the putative guardians of a mental incompetent whose appointment as such guardians was void for want of notice of the proceeding to the incompetent.

There was an adjudication of mental incompetency on an inquisition issued out of the old Court of Chancery; and thereafter, on September 26, 1944, an order was entered in the Passaic Orphans’ Court designating complainants as guardians of the incompetent. The appointees…