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MATTER OF WENZ

7 A.D.2d 994 (1959)

In the Matter of the Appointment of a Committee of the Person and Property of Matilda Wenz, an Alleged Incompetent Person. Matilda Wenz, an Alleged Incompetent Person, Appellant; Oscar Stevenson et al., Respondents

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

March 2, 1959

Order affirmed, with $10 costs and disbursements.

No opinion.

Ughetta, J., dissents and votes to reverse the order and to dismiss the proceeding, with the following memorandum:

Section 1364 of the Civil Practice Act provides that to warrant the granting of an application for the appointment of a committee there must be a satisfactory double presumption (1) that the alleged incompetent is in fact incompetent and (2) that there is need for...

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