In re Morgan
New York Court of Chancery
A commission in the nature of a writ de lunático inquirendo was issued in this case, to inquire whether S. Morgan, who was alleged to be of unsound mind, was a lunatic or idiot, or of unsound mind, and mentally incapable of governing himself and managing his affairs, Sic. The jury by their inquisition found that he was incapable of managing his affairs or governing himself, in consequence of mental imbecility and weakness, and had been so incapable for two or three years.
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A commission in the nature of a writ de lunático inquirendo was issued in this case, to inquire whether S. Morgan, who was alleged to be of unsound mind, was a lunatic or idiot, or of unsound mind, and mentally incapable of governing himself and managing his affairs, Sic. The jury by their inquisition found that he was incapable of managing his affairs or governing himself, in consequence of mental imbecility and weakness, and had been so incapable for two or three years. The jury also found that being so incapable he had, in March, 1838, sold and assigned certain real and personal estate to…
1Opinion of the Court
The Chancellor.
It is probable from the facts stated iu the inquisition in this case, that the individual against whom these proceedings are instituted is a proper subject for a commission, and for the protection of the summary power of this court. It was formerly doubted whether the court could proceed upon a commission which did not find the party to be either a lunatic or an idiot. But at a more recent period, in England it was held that the court had jurisdiction in cases where- the mind had become unsound from old age or infirmity, or any other cause of a permanent nature. And this class…
2Cited by15 opinions
- Freeman v. PeopleNew York Supreme Court · 1847
- Brodrib v. BrodribCalifornia Supreme Court · 1880
- In re MasonNew York Supreme Court · 1847
- Taylor v. MooreCourt of Appeals of Kentucky · 1901
- In re BurkeAppellate Division of the Supreme Court of the State of New York · 1908
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