Executors of Brasher v. Van Cortlandt
New York Court of Chancery
THE bill stated a debt due to the mother of the testator from the lunatic, who assigned it to the testator, &c., amounting to 509 dollars and 48 cents; that- a commission of lunacy issued against W V. C. defendant, and he being found a lunatic, his two sons were appointed a committee, &c.
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THE bill stated a debt due to the mother of the testator from the lunatic, who assigned it to the testator, &c., amounting to 509 dollars and 48 cents; that- a commission of lunacy issued against W V. C. defendant, and he being found a lunatic, his two sons were appointed a committee, &c. That they neglected to file an inventory of the lunatic’s estate, &c., pursuant to the directions of the statute; that the plaintiffs do not know what is the amount of the personal estate of the lunatic, but his real estate consisted of a farm in West Chester county, of 400 acres, and more than sufficient to…
1Opinion of the Court
*The Chancellor.
[ * 245 ]
Several objections are taken on the part the defendants to the regularity of the proceedings.
1. The lunatic himself is not made a party defendant.
*245[ * 246 ]
*244The bill contains no prayer for process against the lunatic, and, therefore, he is not technically, and according to the established test, a party to the bill. (Fawkes v. Pratt, 1 P. Wms. 592. Windsor v. Windsor, Dickens, 707. 15 Vesey, 164.) The bill is against the committee, and seeks payment of a debt due from the lunatic; and the question arises, whether the lunatic ought to have been joined with his committee…
2Cases cited1 opinion
- Caines v. FisherNew York Court of Chancery · 1814
3Cited by13 opinions
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- State v. Bank of the State of MissouriSupreme Court of Missouri · 1870
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
- Hinton v. Bland's Adm'rSupreme Court of Virginia · 1886
- Rose v. WalkIllinois Supreme Court · 1894
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