KEOWN v. WRIGHT


89 A.D.2d 932 (1982)

Lillian M. Keown, Respondent, v. Janice K. Wright, Appellant, et al., Defendant

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

August 5, 1982


Plaintiff seeks to have partitioned real property which she and her daughter, defendant Janice K. Wright, purchased as joint tenants. The complaint alleges "all of the parties to this action are of * * * sound mind". Defendant's answer denies this, but contains no affirmative defense asserting plaintiff's incompetency. The daughter answered plaintiff's motion for an order appointing a referee to take proof of plaintiff's interest in the premises, in contemplation of its sale...

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