In re Wells — 169 N.Y. 595

Majority

p. 595

In the Matter of the Application of Howland P. Wells, Respondent, for the Appointment of a Committee of the Person and Estate of Eugene P. Clark, Appellant, an Alleged Incompetent Person.

Headnote

Matter of Olark, 57 xApp, Div. 5, appeal dismissed. •

(Argued January 8, 1902;

decided January 14, 1902.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 10, 1900, which reversed an order of the Ontario County Court denying, without passing upon the merits, a motion to confirm an inquisition in proceedings de lunático

p. 596

mqwvrendo, and remitted the' proceedings to such court for the exercise of the discretion conferred. upon it as. to the confirmation of the inquisition and the appointment of a committee.

Royal R. Scott and E. A. Griffith for appellant.

F. E. Comerse for respondent.

Appeal dismissed, with costs ; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Haight, Cullen and Werner, JJ.