Legal Opinion

In re Ganse

New York Court of Chancery

Decided March 1, 1842PublishedCited by 7 opinions

This was an application by a creditor of W. Ganse for a commission to inquire as to his lunacy. The petition stated that the supposed lunatic was recently a resident of the town of Fishkill, where he had considerable property, consisting principally if not wholly of personal estate; that after he became deranged, he had left his place of residence and gone to some place unknown to the petitioner or to his friends or relatives; that a letter had been received from him,…

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This was an application by a creditor of W. Ganse for a commission to inquire as to his lunacy. The petition stated that the supposed lunatic was recently a resident of the town of Fishkill, where he had considerable property, consisting principally if not wholly of personal estate; that after he became deranged, he had left his place of residence and gone to some place unknown to the petitioner or to his friends or relatives; that a letter had been received from him, stating that he should not make known where he was, and that no one could find him, for he was at a great distance from…

1Opinion of the Court

The Chancellor.

The affidavits annexed to the petition in this case appear to establish a clear case of lunacy. And the only question is whether this court ought to issue a commission without some evidence of the fact that he is *417within the jurisdiction of the court. It was at one time questioned whether the lord chancellor of England could issue a commission where the lunatic was abroad. But since the decision of Lord Hardwicke, in Southcot's case, (2 Ves, sen. 402,) there can be no doubt of the right of the chancellor to issue a commission, where the lunatic has lands within his jurisdiction,…

2Cited by7 opinions

  1. In re the Guardianship of SallWashington Supreme Court · 1910
  2. State ex rel. Taylor v. WurdemanMissouri Court of Appeals · 1908
  3. Chaloner v. ShermanCourt of Appeals for the Second Circuit · 1914
  4. In re the Appointment of a Committee of the Property of RyanNew York Supreme Court · 1943
  5. In re DevausneyNew Jersey Court of Chancery · 1894

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