79 N.Y.S. 836 | N.Y. Sup. Ct. | 1902
In May, 1900, Mrs. Earner was adjudged to be an incompetent person and one Henry L. Goodwin was appointed committee of her person, and the Farmers’ Eoan & Trust Company, committee of her estate. On February 11, 1902, the incompetent presented a petition to this court asserting that she had completely recovered her mental health and self control, and asked that the law firm of MacFarland, Taylor & Costello, of this city be authorized to represent and act for her in an inquiry into her condition to the end that the court should make such order thereon as, after investigation, might seem to be proper. Thereupon an order was made by a justice of this court authorizing the retainer of the law firm named by the incompetent, and ordering Henry E. Goodwin, committee of the person of the incompetent to show cause why the relief asked for by the petition, affidavits and certificate attached to the order should not be granted. This relief was, in effect, that the committee of the person should be discharged and the incompetent be restored to her personal liberty of action. Upon the return of the order to show cause the committee of the person appeared as he had been directed to do, and undertook .to show cause why the prayer of the petition should not be granted. The court thereupon framed two "questions which were sent to be tried before a jury and were so tried and resulted in a verdict adverse to the incompetent. ■ The' committee appeared on this trial by counsel, and produced witnesses, both lay and expert, as to the alleged recovery of the incompetent. After the rendition of the verdict by the jury habeas corf us proceedings were instituted in another department for the purpose of obtaining the release of the incompetent from the custody of her committee, and said committee of the person appeared and resisted the proceedings. In all these matters the committee incurred large expenses, including a considerable sum for counsel fees. In due course the committee of the person presented a petition to this court for an order directing this payment, from the funds of the incompetent in the hands of the committee of her estate, of a suitable sum to be allowed for the services of counsel and for the disbursements paid or incurred by the committee. Upon this petition an order of reference was made, and the referee has now reported the reasonable value of the services of counsel retained by the committee of the person, and the reasonable amount of his
Motion granted.