Legal Opinion

In re Allen

New York Supreme Court

Decided May 12, 1960PublishedCited by 6 opinions

1Opinion of the Court

Edgar J. Nathan, Jr., J.

Petitioner moves for the appointment of a commission to inquire into the alleged ineompeteney of respondent and for the appointment of a committee of her person and property. Bespondent moves for a dismissal of the *764petition upon the grounds that the petition and accompanying affidavits are insufficient as a matter of law to raise a presumption of incompetency.

The moving papers consist of a petition by respondent’s son setting forth the facts upon which the allegations of incompetency are based, and supporting affidavits by respondent’s daughter and family physician. A…

2Cases cited2 opinions

  1. In re BurkeAppellate Division of the Supreme Court of the State of New York · 1908
  2. In re GatesAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by6 opinions

  1. Matter of FarrowCourt of Appeals of North Carolina · 1979
  2. Schulman v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1974
  3. In re the Estate of PostleyNew York Surrogate's Court · 1984
  4. In re J. D.New York Supreme Court · 1980
  5. In re the Guardianship of GoldfarbNew York Supreme Court · 1994

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