Guardianship of Gilman

This is a motion to dismiss an appeal from an order adjudging Fanny B. Gilman to be incompetent and appointing a guardian of her person and estate. The appeal was noticed by Herbert Cutler Brown, subscribing himself as attorney for the incompetent. The guardian, as movant, alleges that Mr. Brown was never engaged by or on behalf of the incompetent and therefore was without authority to notice the appeal.

The order appointing guardian was entered August 24, 1943. Among the papers supporting the motion to dismiss the appeal is an affidavit of the incompetent that she had never engaged or employed Mr. Brown to appear for her or to take the appeal, and that he is therefore proceeding without her authority and against her wishes. In opposition thereto, he filed a counter-affidavit in which he avers that he first met the incompetent on September 29, 1943, and that she then stated to him, “I want you to act as my attor ney. I want you to get me out from under the control of [the guardian] and away from this place.” It is apparent from the record that Mr. Brown acted in good faith in noticing the appeal.

Mrs. Gilman, as a party aggrieved by the order adjudging her incompetent and…