In re Chapman
Appellate Division of the Supreme Court of the State of New York
Appeal by Jeffrey P. Thomas, as committee of the person and estate of Nancy C. Warner, an incompetent, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the .clerk of the county of Albany on the 9th day of December, 1898, judicially settling the accounts of the appellant, removing him from his trust, appointing his successor and directing him'to pay to such successor $7,266.87, belonging to the estate, and the income thereof…
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Appeal by Jeffrey P. Thomas, as committee of the person and estate of Nancy C. Warner, an incompetent, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the .clerk of the county of Albany on the 9th day of December, 1898, judicially settling the accounts of the appellant, removing him from his trust, appointing his successor and directing him'to pay to such successor $7,266.87, belonging to the estate, and the income thereof from January 14, 1896, less certain payments ordered by the court for the support of the incompetent and for costs. This…
1Opinion of the Court
Landon, J.:
The lunatic is an unmarried woman having two sisters, one of whom is the wife of Jeffrey P. Thomas, the committee of the lunatic’s person and estate, and the other'is the mother of Harry B. Chapman, the petitioner. The committee objects that the petitioner has no right to institute this proceeding. His petition is supported by the affidavit of his mother. It probably is true that the court, in its discretion, could refuse to take action upon the nephew’s petition, if it seemed to it proper to refuse. But “the jurisdiction of the Supreme Court extends to the custody of the person…
2Cases cited7 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- Matter of Application of OtisNew York Court of Appeals · 1886
- In re TracyNew York Court of Chancery · 1829
- Agricultural Ins. Co. v. . BarnardNew York Court of Appeals · 1884
- In re MasonNew York Supreme Court · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re ArnoldAppellate Division of the Supreme Court of the State of New York · 1902
- In re OsbornAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Inventory & Second Intermediate Judicial Account of NuttingAppellate Division of the Supreme Court of the State of New York · 1902
- In re AndrewsAppellate Division of the Supreme Court of the State of New York · 1908