Matter of Application of Otis
New York Court of Appeals
Appeal from order of the General Term of tlie Supreme court, in the first judicial department, made January 13, 1886, which reversed an order of Special Term, directing Eustace Conway as committee of the estate of Oscar Strasburger, a lunatic, to pay rent accruing under a lease to the lunatic of certain premises in the city of ISTew York. The order appealed from also denied the prayer of the petitioners, the lessors.
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Appeal from order of the General Term of tlie Supreme court, in the first judicial department, made January 13, 1886, which reversed an order of Special Term, directing Eustace Conway as committee of the estate of Oscar Strasburger, a lunatic, to pay rent accruing under a lease to the lunatic of certain premises in the city of ISTew York. The order appealed from also denied the prayer of the petitioners, the lessors. (Reported below, 38 Hun, 597.) On September 17, 1881, said Strasburger was adjudged a lunatic, and a committee of his estate appointed; he was, prior to that, engaged in business…
1Opinion of the CourtAndrews, J.
The jurisdiction confided to the court over the persons and estates of lunatics, carries with it as a necessary incident, after inquisition found and the appointment of a committee, the power to direct the application of the estate of the lunatic to the payment of demands existing against it, and this relief may be granted on the petition of the claimant. (Exrs. of Brasher v. Van Cortland, 2 Johns Ch. 244; In re Heller, 3 Paige, 199, 200; People v. Nat. Trust Co., 82 N. Y. 283.) This jurisdiction in its origin was equitable, and is exercised upon equitable principles, and in accordance with…
2Cases cited7 opinions
- Noe v. GibsonNew York Court of Chancery · 1839
- People v. . National Trust Company, Etc.New York Court of Appeals · 1880
- Martin v. BlackNew York Court of Chancery · 1842
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- In re HellerNew York Court of Chancery · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- In re FrazinCourt of Appeals for the Second Circuit · 1910
- Tradesman Publishing Co. v. Car Wheel Co.Tennessee Supreme Court · 1895
- Stokes v. . Hoffman House of New YorkNew York Court of Appeals · 1901
- Otis v. . ConwayNew York Court of Appeals · 1889
41 more not listed; retrieve them via the Exa API.