General

In the Matter of the Estate of George Middlebrook, an Incompetent Person. Indemnity Insurance Co. of North America, Appellant; Margaret Middlebrook, as Committee, etc., of George Middlebrook, an Incompetent Person, and Others, Respondents

256 A.D. 931·New York Supreme Court, Appellate Division·1939·NY

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Opinion

In the Matter of the Estate of George Middlebrook, an Incompetent Person. Indemnity Insurance Co. of North America, Appellant; Margaret Middlebrook, as Committee, etc., of George Middlebrook, an Incompetent Person, and Others, Respondents. [MAJORITY] Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Did the Supreme Court have the power to impose the terms embodied in the order of August 26,1938, as a condition to the surety’s discharge? [See 255 App. Div. 1021.] Present — Lazansky, P. J., Hagarty, Davis and Adel, JJ.; Taylor, J., not voting.