In re Petit
New York Court of Chancery
jN this case the alleged lunatic was a resident of Wilton, in the county of Fairfield and state of Connecticut. A petition was presented by her brother in law, setting forth that she was about thirty years of age, and was of unsound mind; that she was entitled to an undivided share of certain real property in this state, and also to twenty shares of the capital stock of The Newburgh and Cochecton Turnpike Company.
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jN this case the alleged lunatic was a resident of Wilton, in the county of Fairfield and state of Connecticut. A petition was presented by her brother in law, setting forth that she was about thirty years of age, and was of unsound mind; that she was entitled to an undivided share of certain real property in this state, and also to twenty shares of the capital stock of The Newburgh and Cochecton Turnpike Company. The petitioner prayed that a commission of lunacy might be issued; and his counsel asked that the same be directed to certain persons in the county of Fairfield as commissioners.
1Opinion of the Court
The Chancellor.
It was settled in the case of Perkins, (2 John. Ch, Rep. 124,) that a committee must be appointed by this court for a non-resident lunatic, to enable him to obtain the control of property in this state; and that a commission might issue for that purpose. But as the commissioners cannot authorize the empanneling, of a jury beyond the jurisdiction of this court the commission cannot be executed out of the state. (Southcot’s case, 2 Ves. sen. 402.) The usual order directing the commission to be executed at or near the residence of the lunatic must be dispensed with - in such a…
2Cited by10 opinions
- Matter of BlewittNew York Court of Appeals · 1892
- In re the Guardianship of SallWashington Supreme Court · 1910
- In re NeallyNew York Supreme Court · 1864
- In re the Appointment of a Committee of the Property of RyanNew York Supreme Court · 1943
- In re DevausneyNew Jersey Court of Chancery · 1894
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