Legal Opinion
In re Battey
Appellate Division of the Supreme Court of the State of New York
Decided September 25, 1940PublishedCited by 3 opinions
1Per curiam
This proceeding was commenced by John C. Briddon, a brother of the incompetent. Upon his petition an order was made requiring the committee to file an account. The court had power to direct that notice of the accounting be given to a relative of the incompetent. (Civ. Prac. Act, § 1381, subd. 3; § 1360.)
*363The court having recognized Briddon as a party to the proceeding, should have considered the objections filed by him to the accounts. Objections having been filed, the accounting party was bound to come into court and prove his accounts. (Vernon Metal & Produce Co., Inc., v. Joseph & Brothers…
2Cases cited3 opinions
- Vernon Metal & Produce Co. v. Joseph Joseph & Bros.New York Court of Appeals · 1925
- In re BrunsNew York Supreme Court · 1935
- In re the Final Judicial Settlement of the Accounts of the Syracuse Trust Co.New York Supreme Court · 1935
3Cited by3 opinions
- In re the Accounting of FrankenheimNew York Supreme Court · 1955
- In re the Final Accounting of EvansAppellate Division of the Supreme Court of the State of New York · 1958
- In re Accounting of Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1948