MATTER OF McCARTHY


304 N.Y. 601 (1952)

In the Matter of the Appointment of a Committee of the Person and Property of John A. McCarthy, an Alleged Incompetent Person. Eugene J. McCarthy et al., Appellants; Anna V. McCarthy, Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1952


Attorney(s) appearing for the Case

Bruce Bromley, Maurice Rosenberg, George Trosk in person, Joseph G. Abramson in person and Emanuel L. Greene in person for Eugene J. McCarthy and others, appellants.

Vincent J. Malone for Martin J. Kelly, Jr., and another, appellants.

Arthur G. Klein, special guardian, appellant in person.

John P. McGrath, Felix A. Muldoon and Charles S. Horgan, Jr., for respondent.

Joseph V. McKee for Catholic Charities of the Archdiocese of New York, amicus curiæ, in support of respondent's position.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.


Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate. The determination of the make-up of a committee of an incompetent, and of allowances to attorneys and others in such a proceeding, rests in the sound discretion of the Supreme Court, and, in the exercise of that discretion, the Appellate Division stands in the same position as the Special Term. Therefore, the Appellate Division's order of modification —...

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