MATTER OF TYLER


279 A.D. 835 (1952)

In the Matter of the Accounting of Harry Tyler, as Temporary Committee of Helen E. Bullis, an Alleged Incompetent, Respondent. William J. Niles, as Executor of Helen E. Bullis, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 16, 1952.


If the power of the County Court to appoint a "temporary committee" of the property prior to the adjudication of the owner's incompetency under article 81 of the Civil Practice Act be conceded, we think that its exercise was improvident at the instance of a party not shown to have any legal relationship to the owner or interest in her property. When the proceeding was returnable in court the owner was already in a State hospital and a committee then could

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