In re Burke
Appellate Division of the Supreme Court of the State of New York
Appeal by John Masterson Burke, an alleged incompetent person, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 23d day of April, 1908.
1Opinion of the Court
Scott, J.:
This is an appeal from an order of the Special Term directing that a commission de lunático inquirendo issue to inquire into the mental capacity of the appellant John Masterson Burke. The proceeding is prosecuted under the Code of Civil Procedure (§ 2320 et seq.), the petitioner being a distant relative of the appellant, and not even one of his next of kin, although she is one of fourteen heirs at law. She is a non-resident of the State and does not appear to have ever enjoyed any close intimacy with the appellant, except that some ten years ago he extended her aid in taking a…
2Cases cited6 opinions
- Matter of BlewittNew York Court of Appeals · 1892
- In re MorganNew York Court of Chancery · 1838
- Matter of ClarkNew York Court of Appeals · 1903
- Hanover Fire Ins. Co. v. . TomlinsonNew York Court of Appeals · 1874
- Lawson v. HiltonAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re the Application for the Appointment of a Committee of the Person & Property of ClarksonAppellate Division of the Supreme Court of the State of New York · 1919
- In re AllenNew York Supreme Court · 1960
- State Ex Rel. Shamblin v. CollierWest Virginia Supreme Court · 1994
- In re Application for Appointment of Committee of the Person & Property of AckermannAppellate Division of the Supreme Court of the State of New York · 1929
- In re FoxAppellate Division of the Supreme Court of the State of New York · 1910
6 more not listed; retrieve them via the Exa API.