Legal Opinion

In re Owens

New York Court of Common Pleas

Decided February 15, 1892Published

Proceedings by the Church of St. Francis Xavier to set aside the inquisition of the lunacy of Ann Eliza Owens. Motion to confirm the report of the referee appointed to take proof as to the recovery of the lunatic.

1Opinion of the CourtPryor, J.

On the 27th day of May, 1873, in a proceeding de lunático inquirendo, Ann Eliza Owens was duly adjudged a lunatic, and a committee appointed of her person and estate. On the 1st July, 1890, the said Ann Eliza Owens conveyed real property of considerable value to the Church of St. Francis Xavier, and shortly thereafter died. Upon a petition setting forth that the said Ann Eliza Owens had ceased, on the 1st of July, 1890, to be a lunatic, the Church of St. Francis Xavier applied for the appointment of a referee to take proof, and report as to the fact of the recovery of said Ann Eliza Owens;…

2Cases cited6 opinions

  1. In re TracyNew York Court of Chancery · 1829
  2. In re ChristieNew York Court of Chancery · 1835
  3. In re RussellNew York Court of Chancery · 1845
  4. In re ClappNew York Supreme Court · 1861
  5. In re HanksNew York Court of Chancery · 1818

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