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

In a proceeding for the appointment of a committee "of an alleged incompetent person, the appeal is from an order directing trial of the issue of incompetency. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Beldock and Murphy, JJ., concur; Ughetta, J., dissents and votes to reverse the order and to dismiss the' proceeding, with the following memorandum: Section 1364 of the Civil Practice Act provides that to warrant the granting of an application for the appointment of a committee there must be a satisfactory double presumption (1) that the alleged…