Walter v. . Walter
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30,1915, which affirmed an order of Special Term granting a motion by defendants for ■ judgment dismissing the complaint on the pleadings as to the plaintiffs as committee óf the person and property of Herman H. Walter, an incompetent.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30,1915, which affirmed an order of Special Term granting a motion by defendants for ■ judgment dismissing the complaint on the pleadings as to the plaintiffs as committee óf the person and property of Herman H. Walter, an incompetent. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action in favor of the plaintiffs as committee of the person and property of Herman N. Walter, an incompetent.” The…
1Opinion of the CourtPound, J.
Plaintiffs bring this action to annul, on the ground of lunacy, the marriage to defendant of Herman N. Walter, an incompetent. They sue as relatives of the incompetent, claiming an interest to avoid the marriage (Code Civ. Pro. § 1747) and also as committee of his person and estate.
The court' below has held that, as such committee, plaintiffs cannot maintain the action and the question for our consideration is whether the committee of the person and property of an incompetent may, as such, maintain an action to annul the marriage of the incompetent on the ground that he was- a lunatic.
The…
2Cases cited4 opinions
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Stokes v. . StokesNew York Court of Appeals · 1910
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Wightman v. WightmanNew York Court of Chancery · 1820
3Cited by32 opinions
- Mohrmann v. KobNew York Court of Appeals · 1943
- Romano v. RomanoNew York Court of Appeals · 1967
- Shonfeld v. ShonfeldNew York Court of Appeals · 1933
- Davis v. DavisSupreme Court of Connecticut · 1934
- In Re the Judicial Settlement of the Accounts of Proceedings of GilbertNew York Court of Appeals · 1923
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