In re Mason
New York Court of Chancery
A commission, in the nature of a writ de lunático inquirendo, had been issued ; and the jury had found “ that the said John Mason, at the time of the taking of this inquisition, is so far weakened and impaired in the faculties ofhis mind as to be mentally incapable of the government of himself and of the management of his goods and chattels, lands and tenements, business and affairs; and that he had been so incapable for the space of four years now last past, &c.”
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A commission, in the nature of a writ de lunático inquirendo, had been issued ; and the jury had found “ that the said John Mason, at the time of the taking of this inquisition, is so far weakened and impaired in the faculties ofhis mind as to be mentally incapable of the government of himself and of the management of his goods and chattels, lands and tenements, business and affairs; and that he had been so incapable for the space of four years now last past, &c.” On the coming in of the inquisition, The court took the papers ; and on this day,
1Opinion of the Court
The Vice-Chancellor said ::I do not consider the finding of the jury to be the best in point of form or even, strictly, sufficient. The inquisition does not say that the party was of *381unsound mind, but “ so far weakened and impaired in the faculties of his mind as to be mentally incapable, &c.”
The revised statutes declare that “ the Chancellor shall have the care and custody of all idiots, lunatics, persons of unsound mind and persons who shall be incapable of conducting their own affairs in consequence of habitual drunkenness,” &c.
Here are different classes of persons designated ; persons of…
2Cited by2 opinions
- In re BrownThe Superior Court of New York City · 1854
- In re ZimmerNew York Supreme Court · 1878