MATTER OF HERMAN


281 A.D. 702 (1952)

In the Matter of the Appointment of a Committee of the Person and Property of M. Edward Herman, an Alleged Incompetent Person. Alexander W. Herman et al., Appellants; Charles T. Murphy et al., Respondents

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

December 22, 1952.


Order reversed on the law, with $10 costs and disbursements, payable out of the estate, and motion granted, without costs, and without prejudice to renewal of respondent Murphy's application on proper notice.

It is not disputed that notice of the presentation of the petition for the appointment of a committee was served on the three appellants, who thereafter appeared in the proceeding. However, notice of the attorney's application for the allowance for services was...

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