In re Clapp
New York Supreme Court
On the petition of Benjamin Clapp and others, children of Jacob Clapp, a commission de lunático inquirendo, issued out of this court on the 31st of March, 1859, to inquire in regard to the soundness of mind of the said Jacob, and his capactity to have the management of his own affairs.
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On the petition of Benjamin Clapp and others, children of Jacob Clapp, a commission de lunático inquirendo, issued out of this court on the 31st of March, 1859, to inquire in regard to the soundness of mind of the said Jacob, and his capactity to have the management of his own affairs. Such commission was duly executed and returned, with an inquisition annexed finding that the said Jacob Clapp was of unsound mind, which was duly confirmed by the court, on the 25th of April afterwards, and the said Benjamin Clapp and Isaac Clapp duly appointed committee of the person and estate of the said…
1Opinion of the Court
E. Darwin Smith, Justice.
Rule 85, of this court, provides that the committee of a lunatic, idiot, or drunkard, may pay the petitioner on whose application the commission was isssued, or to his attorney, the costs and expenses of the application and of the subsequent proceedings thereon, including the appointment of the committee, and without the order of the court for the payment thereof, provided the whole amount of such costs and expenses does not exceed $50.
The payment of $50 upon the bill of the attorney who conducted these proceedings, I think, therefore, was rightfully allowed' to the…
2Cases cited5 opinions
- Yates v. PeopleNew York Supreme Court · 1810
- In re TracyNew York Court of Chancery · 1829
- In re ArnhoutNew York Court of Chancery · 1829
- Crippen v. BrownNew York Court of Chancery · 1845
- In re Van CottNew York Court of Chancery · 1829
3Cited by7 opinions
- Matter of FrankNew York Court of Appeals · 1940
- In re LofthouseAppellate Division of the Supreme Court of the State of New York · 1896
- In the Matter of BeckwithNew York Court of Appeals · 1882
- Butler v. JarvisNew York Supreme Court · 1889
- In re FerrisAppellate Division of the Supreme Court of the State of New York · 1903
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