Opinion
January 16, 1952.
Appeal from County Court, Clinton County.
If the power of the County Court to appoint a "temporary committee" of the property prior to the adjudication of the owner's incompetency under article 81 of the Civil Practice Act be conceded, we think that its exercise was improvident at the instance of a party not shown to have any legal relationship to the owner or interest in her property. When the proceeding was returnable in court the owner was already in a State hospital and a committee then could have been appointed under the simple formula prescribed by section 1374 of the Civil Practice Act, and there seemed no pressing need for a "temporary committee". We think it fair to add also that there is doubt about the power of the court to appoint a "temporary committee" not based on any statutory prescription. Order fixing commission and allowance reversed, on the law and facts, and application therefor denied, in the exercise of discretion, with $10 costs and disbursements to the executor. Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ., concur.