Black's Case
Supreme Court of Pennsylvania
Appeal by William Black from an order of the Court of Common Pleas of Blair county. The case was brought up on certiorari. On the 20th of March, 1850, the petition of James Taylor was presented to the Court of Common Pleas, representing Ann Decker to be a lunatic; and that the petitioner was a relation by blood.
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Appeal by William Black from an order of the Court of Common Pleas of Blair county. The case was brought up on certiorari. On the 20th of March, 1850, the petition of James Taylor was presented to the Court of Common Pleas, representing Ann Decker to be a lunatic; and that the petitioner was a relation by blood. A commissioner was thereupon appointed, and an inquisition returned to June Term following, finding the said Ann to be a lunatic and the owner of real and personal property. This inquisition was on 19th June confirmed, and William Black, the appellant, appointed committee of the…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
In England, committees of lunatics are appointed by the Lord Chancellor in his ministerial and not in his judicial capacity, by letters patent under the great seal, and during pleasure. The committee is considered as a mere bailiff appointed by the crown and under its control, to take care of the property, and has no interest in the land of the lunatic: Shelf ord on Lunatics, 180; 2 Law Library 114. And it is laid down by Lord Coke, that the committee of a lunatic, whether acting by the authority of the crown or not, has no further or…
2Cited by10 opinions
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- Commonwealth Ex Rel. Flowers v. FlowersSupreme Court of Pennsylvania · 1937
- Philadelphia v. Pennsylvania Sugar Co.Supreme Court of Pennsylvania · 1944
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