Majority
p. 640In the Matter of George F. Paddock, an Alleged Incompetent Person, Appellant. Olive A. Paddock, Respondent. (Submitted January 2, 1912; decided February 13, 1912.)
Headnote
Matter of Paddoclt, 146 App. Div. 903 , affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 21, 1911, which affirmed an order of Special Term appointing a commission ele lunático inquirendo, in a proceeding for the appointment of a committee of the property of an alleged incompetent.
The following questions were certified:
“ 1. Is section 2323 of the Code of Civil Procedure violative of the State or Federal Constitution in so far as it permits the maintenance of an incompetency proceeding against a non-resident of the state having property situate in the state ?
“2. Did the judge who made the order in this case for a commission have power to make the order in view of the non-residence of George F. Paddock and the condition of his property as set forth in the papers % ”
V. A. Kellogg and Thomas Burns for appellant.
F. B. Pitcher for respondent.
p. 641
Order affirmed, with costs; first question certified answered in the negative; second question answered in the affirmative; no opinion.
Concur: Cullen, Ch. J., Gray, Haight, Vann, Willard Bartlett, Hiscock and Chase, JJ.