In Re the Appointment of a Committee of the Person & Property of Kalthoff
New York Court of Appeals
I. The appointment of two strangers, respondents Kelly and Fitzsimmons, as committee, was unauthorized and erroneous. (Matter of Lamoree, 32 Barb. 122; Matter of Rothman, 263 N. Y. 31; Matter of Cooper, 105 App. Div. 449; Matter of Diets, 247 App. Div. 366; Matter of More, 268 App. Div. 1055; Matter of Sariyan, 183 Mise. 701.) II.
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I. The appointment of two strangers, respondents Kelly and Fitzsimmons, as committee, was unauthorized and erroneous. (Matter of Lamoree, 32 Barb. 122; Matter of Rothman, 263 N. Y. 31; Matter of Cooper, 105 App. Div. 449; Matter of Diets, 247 App. Div. 366; Matter of More, 268 App. Div. 1055; Matter of Sariyan, 183 Mise. 701.) II. The allowances were improperly granted and are excessive. {Randall v. Packard, 142 N. Y. 47.) I. The appointment of respondents Kelly and Fitzsimmons as committee of the person and property of the incompetent was a proper exercise of the court’s discretion. {Matter…
1Opinion of the Court
LoughraN, Ch. J.
This proceeding under article 81 of the Civil Practice Act was brought in May, 1948, for the appointment of a committee of the person and property of Albrecht Kalthoff. His then next of kin were four adult daughters. One of them made the petition herein and the others, waiving presentation thereof, consented that a committee be appointed. Special Term first appointed a special guardian for Mr. Kalthoff and also a commissioner who was directed to conduct an inquiry in respect of (1) the matters set forth in the petition, (2) the value of Mr. Kalthoff’s property, and (3) the…
2Cases cited8 opinions
- Matter of RothmanNew York Court of Appeals · 1933
- In Re the Accounting of Syracuse Trust Co.New York Court of Appeals · 1947
- New York Post Corp. v. KelleyNew York Court of Appeals · 1947
- Moore v. . ShawNew York Court of Appeals · 1879
- Bankers Trust Co. v. 1 East 88th Street Corp.New York Court of Appeals · 1940
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3Cited by8 opinions
- Chemical Bank v. Von BulowNew York Court of Appeals · 1984
- In re GustafsonAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Appointment of a Committee of the Person & Property of WestAppellate Division of the Supreme Court of the State of New York · 1961
- In re DanzigNew York Supreme Court · 1960
- In re the Appointment of a Committee of the Person & Property of MarshallAppellate Division of the Supreme Court of the State of New York · 1962
3 more not listed; retrieve them via the Exa API.