| Notes |
- Niagara Gazette - 3/25/1920
The attorneys for Ashur T. Cuda-
back, wealthy retired real estate
dealer, have taken an appeal to the
appellate division of the supreme
court from the order of Justice Wes-
ley C. Dudley in the competency
procedings brought against him by
his wife, Mrs. Jennie Witmer Cuda-
back. The appeal will be argued at
the May term of the appellate divi-
sion.
Justice Dudley's order directed a
trial by jury at the April term of
supreme court in this county to determine
four things, namely, wheth-
er Mr. Cudaback is competent t o
manage himself, whether he is com-
petent to manage his estate, wheth-
er a committee should be appointed
to manage him and whether a com-
should be appointed to m a n-
age hls property.
Mr. Cudaback's attorneys took tho
appeal to the higher court on the
ground that Justice Dudley's decision
upon the affidavits and other
voluminous testimony taken before
him In the proceedings was contrary
to the weight of evidence.
Mr. Cudaback is in the south,
where he has been several months
recuperating his health. His speech
and physical condition were serious-
ly Impaired by a stroke of motor
aplasia about a year ago, a gea
weeks after which he left his home
at No. 1124 Main street and took up
his residence with his daughter,
Mrs. Archibald D. Wilson at No.
377 Spruce avenue. In the compet-
ency proceedings, Mrs. Cudaback
seeks to prove that her husband's
mental powers have been impaired
by his illness whereas Mr. Cudaback
and his daughter seek to show that
his illness, while affecting his power
of speech, has not interfered with
his mental alertness and capacity for
handling his own affairs.
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1849 - Yes, date unknown