Legal Opinion
In re Fowler
New York Court of Chancery
Decided May 4, 1847PublishedCited by 2 opinions
A petition was presented praying for a commission in the nature of a writ de lunático inquirendo. The alleged lunatic formerly resided in Westchester county, but was now a resident in the state of Ohio. The petition did not set forth that he had any property in this state; although that fact was sworn to in the affidavits annexed to the petition.
1Opinion of the Court
The Chancellor
said the court had no jurisdiction to issue a commission, unless the alleged lunatic resided here, or was the owner of property in this state. And that in case of his non-residence, the fact of his owning property here must be stated in the petition. It was not sufficient to set it forth in the affidavits.
Application denied.
2Cited by2 opinions
- In re the Guardianship of SallWashington Supreme Court · 1910
- In re DevausneyNew Jersey Court of Chancery · 1894