Legal Opinion

In re Gibson

Appellate Division of the Supreme Court of the State of New York

Decided April 18, 1947Published

1Per curiam

For years respondent, who is the alleged incompetent, has not been confined in any institution. He claims that he is living a normal life at a hotel as an orderly member of society and that he is conducting himself in the manner of a competent person. However, in a proceeding for the discharge of the committee of an incompetent, the burden is upon the incompetent to satisfy the court that he has been restored to mental soundness and that he is able to take care of himself and.his affairs. (Matter of Ireland, 246 App. Div. 113, 114; Matter of Newcomb, 58 App. Div. 338, 340.) From the record it…

2Cases cited4 opinions

  1. Matter of CurtissNew York Court of Appeals · 1910
  2. Matter of BlewittNew York Court of Appeals · 1893
  3. In re IrelandAppellate Division of the Supreme Court of the State of New York · 1936
  4. In re NewcombAppellate Division of the Supreme Court of the State of New York · 1901

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