In re Conklin
New York Court of Chancery
This was an application on the part of J. Brackett, one of the solicitors of this court, for an order directing the committee of S. Conklin, who had been found a lunatic upon a commission issued for that purpose, to pay the petitioner his costs and counsel fees, for opposing the prosecutor upon the execution of the commission.
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This was an application on the part of J. Brackett, one of the solicitors of this court, for an order directing the committee of S. Conklin, who had been found a lunatic upon a commission issued for that purpose, to pay the petitioner his costs and counsel fees, for opposing the prosecutor upon the execution of the commission. From the petition it appeared that the petitioner was applied to by the lunatic, who from his appearance was of sound mind, and also by his son, to attend on the execution of the commission, and that he attended accordingly one day, six miles from his residence. He…
1Opinion of the Court
The Chancellor.
As the person against whom the commission issued has been found to have been a lunatic *451at the time of his alleged retainer of the petitioner, the latter has no claim against the estate on the ground of contract ; as he is not a creditor of the lunatic, who was incompetent to make a valid agreement to pay him for opposing the commission. And as a general rule, the court will not allow the costs of an unsuccessful opposition ; as a party who is really a lunatic is not benefited thereby.
This court, however, may in its discretion allow costs for opposing the commission 5 where the…
2Cited by5 opinions
- Carter v. . BeckwithNew York Court of Appeals · 1891
- In re the Application for the Appointment of a Committee of the Person & Property of LongAppellate Division of the Supreme Court of the State of New York · 1941
- Magoon v. FitchHawaii Supreme Court · 1904
- Carter v. BeckwithNew York Supreme Court · 1890
- In re BeckwithNew York Supreme Court · 1875