In re Salisbury
New York Court of Chancery
PETITION of John Van Vechten, the committee, stating, that the lunatic is seised of a wood lot in Catskill. That proposals have been made to the committee to purchase the wood standing on the west corner of the lot, and which corner contains about five acres. That the offer is 25 dollars per acre for the wood, which, in the opinion of the committee, is very favourable to the interest of the lunatic.
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PETITION of John Van Vechten, the committee, stating, that the lunatic is seised of a wood lot in Catskill. That proposals have been made to the committee to purchase the wood standing on the west corner of the lot, and which corner contains about five acres. That the offer is 25 dollars per acre for the wood, which, in the opinion of the committee, is very favourable to the interest of the lunatic. That the land is on the side of a hill, and of no value, except for the wood. That the price offered is equal to the value of the land, including the wood on it, and if cut off, wood may grow up…
1Opinion of the Court
The Chancellor.
It is settled that the property of a lunatic may be converted from real into personal, when it shall appear to be for the interest' of the lunatic, without regard to the contingent interests of the real and personal representatives. The governing principle in the managment of the estate, is the lunatic’s interest, not that of those who may have eventual rights of succession. *348The statute of 17 E. 2. (and which we have re-enacted,) directing that the estate should not be “ wasted or desh'oyed,” meant injurious waste or destruction. The words of the English statute are, sine vasto…
2Cited by20 opinions
- Hale v. HaleIllinois Supreme Court · 1893
- Messner v. GiddingsTexas Supreme Court · 1886
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
- In re ReevesSupreme Court of Delaware · 1915
- In Re the Judicial Settlement of Accounts of BoltonNew York Court of Appeals · 1899
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