In the Matter of the Petition of Allen T. Norton, Respondent, for an Allowance Out of the Estate of Louise S. Norton, Incompetent. Bank of Manhattan Company, as Committee of the Property of Louise S. Norton, an Incompent, Appellant

In the Matter of the Petition of Allen T. Norton, Respondent, for an Allowance Out of the Estate of Louise S. Norton, Incompetent. Bank of Manhattan Company, as Committee of the Property of Louise S. Norton, an Incompent, Appellant. [MAJORITY] We think that the petitioner, even if he made out the allegations of his petition so as to obtain a favorable report from a special guardian, would not be entitled to invade his incompetent mother’s estate for his support. Income now received is insufficient for her own proper maintenance. Hence the appointment of a special guardian to take proof and report was not proper in the circumstances. The order should be reversed, with twenty dollars costs and disbursements, and the motion denied. Present — Martin, P. J., McAvoy, O’Malley, Townley and Dore, JJ.