In re Wendell
New York Court of Chancery
On the the 19th of August last, a commission, in the nature of a writ de lunático inquirendo, was issued, directed to certain commissioners, to inquire of the lunacy of A. II. Wendell, of the town of Water Vliet, in Albany county. It was founded upon the petition, &c. of Dow A. Fonda, and Francis Lansing, jun.
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On the the 19th of August last, a commission, in the nature of a writ de lunático inquirendo, was issued, directed to certain commissioners, to inquire of the lunacy of A. II. Wendell, of the town of Water Vliet, in Albany county. It was founded upon the petition, &c. of Dow A. Fonda, and Francis Lansing, jun. The commission was duly exe™cuted on the 29th of August, and it was found that Wendell was a lunatic, and had been so for thirty years, and that he had considerable real and personal estate; that he had sisters, and several nephews and nieces, by a deceased brother, &c. The writ and…
1Opinion of the Court
The Chancellor.
The order of the 6th of September last was entered provisionally, leaving the course of proceeding to be afterwards settled. In England, the traverse of an inquisition of lunacy, or idiocy, is now considered as a matter of right under the statute of 2 and 3 E. VI., and it stops the commission at once; and the record is to be carried to the K. B., in order that the traverse may be tried. This was the opinion of Lord Loughborough, in the cases, ex parte Wragg and ex parte Ferne ; (5 Ves. 450. 832.;) and the record of such a traverse, and issue thereon, in chancery, and subsequent…
2Cited by12 opinions
- Bumpus v. FrenchMassachusetts Supreme Judicial Court · 1901
- Devin v. ScottIndiana Supreme Court · 1870
- In re HarrisCourt of Chancery of Delaware · 1893
- In re GouldAppellate Division of the Supreme Court of the State of New York · 1939
- In re ChapmanAppellate Division of the Supreme Court of the State of New York · 1899
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