In re the Estate of Forst

Order, Supreme Court, New York County, entered May 24, 1976, is unanimously modified, on the law, without costs and without disbursements, (a) to direct that the issues to *843be submitted to the jury shall include the issue of whether there is a need for the appointment of a conservator in addition to the issue of whether the proposed conservatee by reason of advanced age, illness, etc., has suffered substantial impairment of his ability to care for his property or to provide for himself or others dependent upon him for support and (b) to provide that the restriction on payments out of the…