136 N.Y.S. 620 | N.Y. App. Div. | 1912
Lead Opinion
Bernard Francis Rollo, a resident of London, Eng., was on July 25, 1911, duly appointed upon proceedings brought in the High Court of Justice in Lunacy the sole committee of the estate and person of Hugh Hamilton Stafford Northcote, an incompetent, a resident of England for upwards of ten years. The incompetent is the owner of a large estate invested in American securities and in the keeping of representatives in the city of New York, and is also interested in the income of certain trust funds here created by Hamilton Fish, deceased, and" Hugh Oliver Northcote, deceased. Rollo petitioned the Supreme Court on December 21, 1911, for the appointment as committee within this State of either Hamilton Fish, an uncle of the incompetent, or the petitioner, or some other fit and proper person. He was under the impression then that the committee here would be under his direction and strictly ancillary to the foreign committee, and that he would have
The order appealed from will, therefore, he reversed, without
Ingraham, P. J., Laughlin, Clarke and Miller, JJ., concurred.
Concurrence Opinion
I concur on the ground that, unless the foreign committee was appointed as provided by section 2326 of the Code of Civil Procedure, the court was required to proceed as provided by section 2327. (See Matter of Curtiss, 134 App. Div. 547:)
Order reversed, without costs, and petition granted on condition stated in opinion. Order to be settled on notice.