In the Matter of Julia Langdon, an Alleged Incompetent Person. Julia Langdon and Lottie Ward, Appellants; Edward W. Griggs, Superintendent of the Poor of Warren County, Respondent

In the Matter of Julia Langdon, an Alleged Incompetent Person. Julia Langdon and Lottie Ward, Appellants; Edward W. Griggs, Superintendent of the Poor of Warren County, Respondent. Third Department, June 30, 1916. Incompetent persons — when order of inquiry as to mental condition not justified — petitioner charged personally with costs. Where the petition of the superintendent of the poor of a county alleges that a certain person is incompetent to manage herself or her affairs in consequence of lunacy, idiocy, habitual drunkenness or imbecility arising from old age or loss of understanding or other cause, but contains no allegation that she is a lunatic, idiot, habitual drunkard, etc., or of any fact from which the court may properly draw the conclusion that she is incompetent, and there is no suggestion that she is or may become a public charge, the mere fact that she does not properly cultivate her village lot which produces no income does not give the court jurisdiction to order an inquiry as to her mental condition. Where it appears that the alleged incompetent had two married daughters, an income of $12 a month, lived in her own house, which was worth $1,600, subject to a mortgage of $260, which was not in danger of being foreclosed, an order to inquire into her mental condition will be reversed and the proceeding dismissed, with costs against the petitioner personally. Appeal by Julia Langdon and another from an order of the County Court of Warren county, entered in the office of the clerk of said county on the 13th day, of April, 1916. James 8. Kiley, for the appellants. Loyal L. Davis, for the respondent. [MAJORITY — .Per Curiam:] .Per Curiam: Edward W. Griggs, superintendent of the poor of Warren county, for reasons which do not very fully appear, has moved the court for an order to inquire into the alleged incompetency of one Julia Langdon, and the court has granted such an order. The alleged incompetent, with her daughter, appeals from the order. The petition alleges that “Julia Langdon is a person incompetent to manage herself or her affairs in consequence of lunacy, idiocy, habitual drunkenness or imbecility arising from old age or loss of memory and understanding, or other cause.” There is no allegation that she is a lunatic, idiot, habitual drunkard, or that she is an imbecile arising from old age or loss of memory and understanding, nor is any fact given from which the court can properly draw the conclusion that Julia Lang-don is incompetent, or that the petitioner, as superintendent of the poor, has any call to make the petition. Mrs. Langdon appears to have two married daughters; there is no suggestion that she is, or that she may become, a public charge, and the mere fact that she does not properly cultivate her village lot, ' and that the same produces no income, aside from sheltering her, does not give the County Court jurisdiction to enter upon an inquiry as to her mental condition. She appears by the petition to have an income , of $12 per month; she owns the home, and there is nothing to indicate that she is not able to keep it, except -the possibility that a mortgage for • $260 upon premises worth $1,500 may be foreclosed, though there is no suggestion that the interest is not kept up, or that there is any danger of such foreclosure. The presumption is, of course, that Mrs. Langdon is sane and competent, and, upon a petition which makes no allegation' of fact on which the conclusion of incompetency may properly rest, we are of opinion that the learned County Court erred in granting, the prayer of the petition. The order appealed from should be reversed, and the proceeding " dismissed, with costs against Edward W. Griggs personally. All concurred. Order reversed, proceeding dismissed, with costs against Edward W. Griggs personally.