In re Folger
New York Court of Chancery
PETITION of Aaron Folger, committee of the estate of the lunatic, stating that he was appointed committee in August, 1818. That in the autumn of 1818, on the petition of Thomas Folger, stating that he was grantee of a farm of the lunatic, by deed, dated a few days before the inquisition had been found, an issue was awarded to try the question of lunacy.
Read the full summary
PETITION of Aaron Folger, committee of the estate of the lunatic, stating that he was appointed committee in August, 1818. That in the autumn of 1818, on the petition of Thomas Folger, stating that he was grantee of a farm of the lunatic, by deed, dated a few days before the inquisition had been found, an issue was awarded to try the question of lunacy. That to expedite the business, the petitioner applied to have the issue tried at the Rensselaer circuit That Thomas Folger interposed a number of affidavits to prevent it, and succeeded. That the issue was to be tried at the Washington…
1Opinion of the Court
The Chancellor.
In the case ex parte Ward, (6 Ves. 579.) a groundless petition by a stranger, for a traverse, was dismissed with costs. So, where the heir filed a bill to set aside a will- on the ground of the testator’s insanity, *170and failed, he was ordered by Lord Hardwicke, in Webb v. Claverden, (2 Atk. 423.) to pay costs. It would appear, from the case of White v. Wilson, (13 Ves. 87.) that when die heir demands an issue to try the testator’s sanity, and fails, he will be ordered to pay costs, if he sets up insanity as a pretext. The question of costs is discretionary, and depends upon the…
2Cited by3 opinions
- Bradish v. GrantIllinois Supreme Court · 1886
- In the Matter of BeckwithNew York Court of Appeals · 1882
- In re BeckwithNew York Supreme Court · 1875