In re Heeney
New York Court of Chancery
This was an, application by the committee of Cornelius Heeney, who in consequence of old age and infirmity had been found to be of unsound mind, for instructions in certain particulars relating to the support of the lunatic and the support of his household, and the management of his estate.
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This was an, application by the committee of Cornelius Heeney, who in consequence of old age and infirmity had been found to be of unsound mind, for instructions in certain particulars relating to the support of the lunatic and the support of his household, and the management of his estate. From the petition of the committee, among other things stated therein, the following facts appeared: The annual income of the estate, after payment for repairs, insurance and taxes, amounted to about $5700. Mr. Heeney was a bachelor, but had been a housekeeper for many years, living upon a part of his own…
1Opinion of the Court
The Chancellor.
In the case of the late Dr. Willoughby, after a full examination of the subject; I came to the conclusion that the court of chancery had the power, out. of the sur-, plus income of the estate of a lunatic, to provide for the support of one who was not his next of Md, and whom the lunatic was under no legal obligation to support, where the chancellor was satisfied, beyond all reasonable doubt, that the lunatic himself would have provided for the support of such person if he had been of sound mind, so as to be legally competent to do so: The case of The Earl of Carysfort, (Craig…