In re Fowler — 2 Barb. Ch. 305

Majority

p. 305

Matter of Fowler, a lunatic.

Headnote

The petition for a commission of lunacy against a non-resident, must show that the alleged lunatic is the owner of property situated in this state. It is not sufficient to state that fact in the affidavits annexed to the petition.

A petition was presented praying for a commission in the nature of a writ de lunático inquirendo. The alleged lunatic formerly resided in Westchester county, but was now a resident in the state of Ohio. The petition did not set forth that he had any property in this state; although that fact was sworn to in the affidavits annexed to the petition.

A. Nash, for the petitioner.

said the court had no jurisdiction to issue a commission, unless the alleged lunatic resided here, or was the owner of property in this state. And that in case of his non-residence, the fact of his owning property here must be stated in the petition. It was not sufficient to set it forth in the affidavits.

Application denied.