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VITO v. VITO

No. 14943.

272 F.2d 555 (1959)

Mazie M. VITO, Appellant, v. James VITO and Harold B. Bonart, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 25, 1959.

Attorney(s) appearing for the Case

Mr. Jo V. Morgan, Jr., Washington, D. C., for appellant.

Mr. W. Cameron Burton, Washington, D. C., with whom Mr. H. George Schweitzer, Washington, D. C., was on the brief, for appellee Vito. Mr. Ward B. McCarthy, Washington, D. C., also entered an appearance for appellee Vito.

No appearance for appellee Bonart.

Before EDGERTON, FAHY and DANAHER, Circuit Judges.

DANAHER, Circuit Judge.

Appellee, James Vito, sought a judgment declaring his right to convey specifically identified real property. In his complaint he alleged that his wife, appellant Mazie M. Vito, on October 30, 1956 had been duly adjudicated non compos mentis, and he asked that a guardian ad litem be appointed. That step was taken. The guardian filed a report in lieu of answer but admitted the adjudication of incompetency and that on December 13, 1956...

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