In re Giles
New York Court of Chancery
In this case a commission of lunacy was issued, upon the petition of G. S. Willoughby, one of the grandsons of the alleged lunatic, and the jury found that Giles, at the.time of taking the inquisition, was of unsound mind, and was incapable of conducting his own affairs in consequence of such unsoundness of mind, and that he had been so incapable for one year preceding.
Read the full summary
In this case a commission of lunacy was issued, upon the petition of G. S. Willoughby, one of the grandsons of the alleged lunatic, and the jury found that Giles, at the.time of taking the inquisition, was of unsound mind, and was incapable of conducting his own affairs in consequence of such unsoundness of mind, and that he had been so incapable for one year preceding. Giles subsequently applied for a feigned issue, to try the question as to his unsoundness of mind; which application was granted upon condition that G- G. Reynolds, one of his grandsons, whose contracts with the alleged…
1Opinion of the Court
The Chancellor.
The decision upon the feigned issue being in favor of the mental capacity of the alleged lunatic, the proceedings upon the commission must be discharged, and he must be restored to the full control of his property. The claim for costs, to be paid by the applicant upon whose petition the commission was issued, however, presents a' different question; as it is not’ a matter of course to give costs against the petitioner for a commission of lunacy, even where he’fails to obtain an inquisition finding the existence of the alleged lunacy. On the contrary, if the petitioner has…
2Cited by5 opinions
- Carter v. . BeckwithNew York Court of Appeals · 1891
- Matter of FrankNew York Court of Appeals · 1940
- In re LofthouseAppellate Division of the Supreme Court of the State of New York · 1896
- In re LofthouseAppellate Division of the Supreme Court of the State of New York · 1896
- In re McAdamsNew York Supreme Court · 1879