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MATTER OF MILLINGTON

276 A.D. 809 (1949)

In the Matter of the Appointment of a Committee of the Person and Property of Frank H. Millington, an Alleged Incompetent Person. Francis A. Ruf, Respondent; Frank H. Millington, Appellant

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

November 29, 1949.

The substantial question raised on the argument is not the appellant's incompetency, which is conceded, but whether his affairs are being so well cared for by the informal arrangements made by his lawyer that the appointment of a committee was not in the exercise of a sound discretion. In the fall of 1948, Lester R. Smith, who had been appellant's lawyer for some years, received information that the appellant and his wife were both...

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