Tebout's Case
New York Supreme Court
Motion to confirm an inquisition. This was a proceeding for the appointment of a committee of the estate of Elizabeth Tebout, who had been found, by a commission appointed de lunático inquirendo, to be an habitual drunkard.
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Motion to confirm an inquisition. This was a proceeding for the appointment of a committee of the estate of Elizabeth Tebout, who had been found, by a commission appointed de lunático inquirendo, to be an habitual drunkard. The affidavits in opposition showed, among other things, that at the commencement of the proceeding under the commission, testimony was taken before fifteen jurymen, but that subsequently there were only thirteen present; that the attorney for the respondent objected to proceed on the ground of the absence of the two jurors, but the commissioners overruled his objections.…
1Opinion of the CourtIngraham, J.
I am not satisfied with the execution of the writ of inquiry in this case. The proceeding is one to deprive a party of the possession and management of her property, and in a case where it appears that, notwithstanding the allegations against her, she has been able to take care of and increase the amount of money in the bank.
Where more jurors are sworn on such an inquisition than are absolutely necessary, and the proceeding is commenced before all, I think it irregular to discharge a part. Whatever number commences on the inquisition, the case should be continued before all. If they were not…
2Cited by1 opinion
- In re KlockNew York Supreme Court · 1888