Shaper v. Estate of Wing — 9 N.Y. Sup. Ct. 671

Majority

p. 671

In the Matter of the Petition of CHARLES SHAPER and another, v. The Estate of GEORGE F. WING, a Lunatic.

Headnote

ZntnaMc — estate of— when liable for necessaries furnished to him.

In July, 1873, George F. Wing was declared a lunatic, and a committee of his estate was appointed; after which he continued to reside with his family in Brooklyn. The petitioners, after the appointment and in ignorance thereof, sold to the lunatic groceries to the amount of $358.67, such groceries being necessary for him and being used in his family. Held, that the bill of the petitioners should be paid out of the lunatic’s estate.

p. 672

Appeal from an order denying a motion to confirm the report of a referee, which recommended the payment of the petitioners claim, out of the estate of Geo. F. Wing, a lunatic.

F. P. Bellany, for the appellant.

Abel Crook, for the respondent.

Opinion by Barnard, P. J.

Present — Barnard, P. J., and Donohue, J.

Order reversed, with ten dollars costs, and report confirmed, with ten dollars costs.