In re Barker
New York Court of Chancery
A PETITION of John Barker, and Mary Dederick, was presented, stating, that they are the children of James Barker; that he now is, and had been, for four months past, so far deprived of reason and understanding, as to be wholly unfit and unable to manage his affairs; and praying that a commission, in nature of a writ de lunático inquirendo, might issue, &c. [ * 233 ] *The affidavits annexed to the petition stated, that the petitioners were the only surviving children of J.…
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A PETITION of John Barker, and Mary Dederick, was presented, stating, that they are the children of James Barker; that he now is, and had been, for four months past, so far deprived of reason and understanding, as to be wholly unfit and unable to manage his affairs; and praying that a commission, in nature of a writ de lunático inquirendo, might issue, &c. [ * 233 ] *The affidavits annexed to the petition stated, that the petitioners were the only surviving children of J. B., who was 85 years old; that he was seised of a large real estate, of great value, which was going to ruin and waste,…
1Opinion of the Court
The Chancellor.
*233[ * 234 ]
*232It is evident that Barker, the subject of this application, is not a lunatic, within the legal meaning of the term. He is not a person who sometimes has understanding and sometimes not. He is rather of that class of persons described by Lord Coke, (Co. Litt. 246. b.) as non compos mentis, who have lost the memory and understanding by sickness, grief, or other accident. The suggestion here is, that his mind is worn out by old age, so as to render him incapable of managing his property. It is represented that he has arrived to a state of second childhood, and stands in…
2Cited by19 opinions
- Sims v. RicketsIndiana Supreme Court · 1871
- Rannells v. GernerSupreme Court of Missouri · 1883
- Snyder v. SnyderIllinois Supreme Court · 1892
- Edwards v. DavenportU.S. Circuit Court for the Southern District of Iowa · 1883
- Griswold v. ButlerSupreme Court of Connecticut · 1820
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