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MATTER OF DURNING

16 Misc.2d 729 (1959)

In the Matter of Dorothy D. Malloy for Appointment as Ancillary Committee of the Property of Johanna V. Durning, an Alleged Incompetent Person.

Supreme Court, Special Term, Bronx County.

March 4, 1959.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett (David H. Fromkin of counsel), for petitioner.

Sullivan, Donovan, Hanrahan, McGovern & Lane (Edmond M. Hanrahan of counsel), for Moore & Schley.

Harold I. Meyerson, as special guardian for alleged incompetent.

MORRIS E. SPECTOR, J.

This is an application for the appointment of an ancillary committee. The alleged incompetent was married in 1912 and lived with her husband in The Bronx until 1951. In or about November, 1951, the incompetent left the home in which they had lived and moved to California. There is no indication that the conduct of the husband would entitle the wife to a separation or divorce, nor was there...

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