Hyperlawhypertext legal database Reed v. Gilman 133 N.Y.S. 1141

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Reed v. Gilman

133 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1912-01-26 English

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p. 1141
REED, Appellant, v. GILMAN, Respondent.
(Supreme Court, Appellate Division, Second Department.
January 26, 1912.)

Headnote

Action by Latham G. Reed against Frazier Gilman,' as committee of Anna K. Gilman, a lunatic.

Independently of the question whether, if the statute had been suspended between March. 19, 1891, and .the date of the appointment of the committee, after such appointment it would again begin' to run, we think that the evidence fails to establish by a fair preponderance thereof that Anna K. Gil-man, down to 1907, had resided without the state, and remained continuously absent^ therefrom for the space of one year or more. Judgment affirmed, with costs. See, also, 144 App. Div. 905 , 128 N. Y. Supp. 1142 .