In re Livingston
New York Court of Chancery
PETITION'of Alexander Crofts, and Mary, his wife, stating, that on a commission, in nature of a writ de lunático inquirendo, Margar H Livingston was found a lunatic ; that she is the widow of Robert T. Livingston, deceased, and entitled to real and personal estate ; that the petitioner, Mary, is the only child of the lunatic ; that the lunatic is in a state of deplorable helplessness and lunacy, and has been so for many years, and is now, and has been, since the death of her…
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PETITION'of Alexander Crofts, and Mary, his wife, stating, that on a commission, in nature of a writ de lunático inquirendo, Margar H Livingston was found a lunatic ; that she is the widow of Robert T. Livingston, deceased, and entitled to real and personal estate ; that the petitioner, Mary, is the only child of the lunatic ; that the lunatic is in a state of deplorable helplessness and lunacy, and has been so for many years, and is now, and has been, since the death of her husband, in 1813, in the care of the petitioners. Prayer, that they may be appointed to the custody of her person and…
1Opinion of the Court
The Chancellor.
1 agree with what was said by Lord Macclesfield„ in Dormer's Case, (2 P. Wms 262.,) that there is no sufficient reason for the old rule against committing the custody of the person and estate of a lunatic to the heir at law. The rule, in many cases under our statute, would take a child from its parent, which would be most unnatural, and the rule has been held (ex parte Ludlow, 2 P. Wms. 638.) not to apply to the next of kin entitled under the statute of distributions to the personal estate. The daughter, in this case, is the most fit person to take charge of an aged *437and…
2Cited by7 opinions
- Taff v. HosmerMichigan Supreme Court · 1866
- In re ColahNew York Court of Common Pleas · 1871
- In re the Estate of ColvinHigh Court of Chancery of Maryland · 1851
- Plummer v. GibsonNew Jersey Court of Chancery · 1900
- In re PflegharNew York Supreme Court · 1946
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