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MATTER OF EVANS

4 A.D.2d 852 (1957)

In the Matter of the Application for the Appointment of a Committee of the Person and Property of George W. Evans, an Alleged Incompetent Person, Respondent. George L. Evans, Appellant

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

September 23, 1957

Order reversed, without costs of this appeal to any party, and matter remitted to the Special Term to proceed in accordance with the memorandum.

Memorandum:

The petition and supporting papers are sufficient to show prima facie that there should be an inquiry into the competency of the alleged incompetent. It was error to dismiss the petition and the order dismissing the petition should be reversed and the matter remitted to the Special Term to proceed upon...

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