In re Newcomb
Appellate Division of the Supreme Court of the State of New York
Appeal by Hermann D. Newcomb, the son, and Florence W. Newcomb, the wife, of H. Victor Newcomb, an incompetent perspn, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of- the county of New York on the 16th day of January, 1901j denying their motion directing and requiring H. Victor Newcomb to submit to a physical and mental examination by certain physicians named in the petition, in order to allow them to testify…
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Appeal by Hermann D. Newcomb, the son, and Florence W. Newcomb, the wife, of H. Victor Newcomb, an incompetent perspn, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of- the county of New York on the 16th day of January, 1901j denying their motion directing and requiring H. Victor Newcomb to submit to a physical and mental examination by certain physicians named in the petition, in order to allow them to testify as to his mental condition.
1Opinion of the Court
Ingraham, J.:
The petitioner in this action having been adjudged incompetent, presented a petition alleging that he had recovered and asking that the committee of his person and property be discharged and that he be restored to the control of his property. Upon the presentation of that petition it was referred to a referee to take proof as to the condition of the petitioner. Under this reference the petitioner proceeded and presented certain evidence, when the attorney for the petitioner’s wife and children, who were opposing this application, asked the referee to direct the petitioner' to…
2Cited by1 opinion
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