MATTER OF SCHERMERHORN


277 A.D. 845 (1950)

In the Matter of the Appointment of a Committee of the Person and Property of Harriet Schermerhorn, an Alleged Incompetent, Appellant. Carmel T. Basile et al., Respondents; Christine T. Power et al., Appellants

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

June 13, 1950.


Per Curiam.

The issuance of a commission to inquire into the mental condition of an alleged incompetent is warranted only where it presumptively appears, to the satisfaction of the court, that the person proceeded against is incompetent, and that in the exercise of sound discretion a committee ought to be appointed. The proofs contained in the record before us do not give rise to the satisfactory presumption essential to the issuance of a commission, nor does...

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