Opinion
November 11, 1942.
Robert M. Stewart was heretofore declared to be incompetent and William T. Stewart was appointed his committee. The incompetent presented a petition to the court on September 25, 1941 asking for the discharge of the committee, for an accounting and for the restoration of his property on the ground that he has become competent. The County Court of Delaware County directed the committee to account and to pay allowances to the attorneys involved. The committee has appealed from that portion of the order directing him to account. This court finds as a fact that Robert M. Stewart is fully competent to manage his property and affairs. It directs that his property be restored to him by the committee and also directs the committee to render an account of all his proceedings as such committee before a Special Term of the Supreme Court. The court also reverses the order insofar as it directs payment of allowances to the attorney for petitioner and the attorney for the committee. Any allowances which should be made should be fixed by the Special Term. Hill, P.J., Crapser, Bliss, Heffernan and Foster, JJ., concur.