MATTER OF STOLWORTHY


18 A.D.2d 692 (1962)

In the Matter of Anna Stolworthy, an Alleged Incompetent, Appellant. Francis T. Nichols, Respondent

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

December 17, 1962


Order reversed on the law and the facts, with $10 costs and disbursements; motion granted, and petition dismissed.

The proof in this record does not raise the satisfactory presumption of incompetency nor the need for a committee which is essential to the issuance of a commission; hence, the petition must be dismissed (Rules Civ. Prac., rule 287). Matter of Schermerhorn, 277 App. Div. 845, affd. 302 N.Y. 660; Matter of Burke...

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