In re Mason
New York Supreme Court
In EauiTY. In December, 1839, Isaac Jones, George Jones, and Andrew G. Hamérsley, executors of the last will and testament of John Masoá deceased, présented to the vice chancellor of the first cifctiit a petition, stating that John Mason, a son of John Mason deceaséd, was, and for several years had been, so far deprived of his réason and understanding, that he was rendered entirely unfit and unable to govern himself, or to manage his affairs; and praying that a commission in…
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In EauiTY. In December, 1839, Isaac Jones, George Jones, and Andrew G. Hamérsley, executors of the last will and testament of John Masoá deceased, présented to the vice chancellor of the first cifctiit a petition, stating that John Mason, a son of John Mason deceaséd, was, and for several years had been, so far deprived of his réason and understanding, that he was rendered entirely unfit and unable to govern himself, or to manage his affairs; and praying that a commission in the nature of a writ de lunático inquirendo might be issued, to inquire of his lunacy; and thereupon a commission in…
1Opinion of the CourtHarris, J.
Upon the hearing of this motion, the counsel, by whom it was argued on behalf of the petitioners, very properly, I think, abandoned the ground that the committee should be removed on account of misconduct or inattention to the duties of their trust, and relied entirely upon the insufficiency of the return of the jury, upon the taking of the inquisition, to sustain the proceedings. The question now to be determined relates, therefore, solely to the regularity of the proceedings which resulted in the appointment of the committee.
The earlier chancellors of England, in the exercise of their…
2Cases cited1 opinion
- In re MorganNew York Court of Chancery · 1838
3Cited by18 opinions
- Sporza v. . German Savings BankNew York Court of Appeals · 1908
- In re ColahNew York Court of Common Pleas · 1871
- Feltner v. Teachers' Retirement BoardAppellate Division of the Supreme Court of the State of New York · 1932
- In re RogersNew York Supreme Court · 1881
- In re ChapmanAppellate Division of the Supreme Court of the State of New York · 1899
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