In re the Probate of the Will of Thoms

Memorandum: It appears without question that Janet Thoms Ingersoll, the pseudo-appellant, was declared incompetent to manage herself and her affairs by a court of competent jurisdiction in May, 1944, and that a committee was duly appointed. No claim is made that there has ever been an order declaring competency or restoration to the incompetent of her property and the management thereof. The Surrogate could do nothing but dismiss the petition of said adjudged incompetent. She was without authority or right to institute the proceeding (Matter of Deimer, 274 App. Div. 557) and the attorneys…