In re Farrell
New Jersey Court of Chancery
Ou motion for the allowance of costs and expenses from the-estate of an alleged lunatic, who died before inquisition of lunacy had.
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Ou motion for the allowance of costs and expenses from the-estate of an alleged lunatic, who died before inquisition of lunacy had. Frank W. Farrell, a brother of William E. Farrell, sued out a commission in the nature of a writ de lunático inquirendo, under which inquest was’had in November, 1892. A jury was summoned and, after a protracted inquiry, the commissioners and jurors made return to the commission that, at the time of the inquest, William E. Farrell was of sound mind, memory and understanding, capable of the government of himself, his lands, tenements, goods and chattels. Late in…
1Opinion of the Court
The Chancellor.
In The matter of Curtis White, 2 C. E. Gr. 274, application •was made to Chancellor Green to compel the party at whose instance a commission in the nature of a writ de lunático inquirendo had issued, the return thereto being that the subject of the ■commission was of sound mind, to pay costs. The chancellor, being satisfied that the proceeding had been instituted in good faith, for the benefit of the alleged lunatic, denied the motion, remarking that, in such cáse, the petitioner, in justice, should be allowed his proper costs, whether the lunacy be established or not, adding,…
2Cited by6 opinions
- Hoffman v. KahnNew Jersey Court of Chancery · 1935
- In Re DegnanNew Jersey Court of Chancery · 1937
- In Re OswaldNew Jersey Court of Chancery · 1942
- In Re TierneyNew Jersey Superior Court Appellate Division · 1980
- TR. OF CLIENTS'SEC. FUND v. YuchtNew Jersey Superior Court Appellate Division · 1989
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