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In re Perkins

2 Johns. Ch. 124 Court N.Y. Ch. Decision date 1816-02-08 English

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Majority

p. 124
*In the matter of Daniel Perkins, a lunatic.

Headnote

An inquisition of lunacy, taken abroad, or in another state, is not sufficient to authorize a sale of the lunatic’s estate, for his maintenance; but it is sufficient to warrant the issuing a new commission here, and may, perhaps, be sufficient ground or evidence to warrant an inquisition here, on such new commission.
February 8th.
PETITION of Jonathan Perkins, stating that Daniel Perkins, now of Bridgewater, in Massachusetts, had been there duly found, by inquisition, a lunatic, and that the petitioner had, by the competent authority in that state, been appointed guardian of the person and estate of the lunatic. That the lunatic had no property, except about 70 acres of land lying in Madison county, in this state, and worth about 1,000 dollars, and that the same yielded very insufficient rents and profits; and that it was necessary, and he, therefore, prayed, that the same might be sold for the expense and maintenance of the lunatic.

It is necessary that a commission of lunacy issue here; the inquisition abroad was not sufficient to authorize a sale of the real estate. (1 Schoales & Lefroy, 307.) The powers given by the statute (sess. 24. ch. 30.) apply only to cases arising under the authority of this Court. Perhaps the inquisition in Massachusetts may be sufficient ground or evidence to warrant the inquisition here, according to what was said in Gillam’s case, (2 Vesey, jun. 587.) It is, at least, sufficient to warrant the issuing a commission; and there is no doubt, from the case ex parte Southcote, (Amb. 109.) that a commission of lunacy may issue against a person resident abroad.

[ * 125 ]

A commission was, accordingly, issued, and was executed at Albany, and the petitioner appointed committee of the *person and estate of the lunatic, on giving security to the value of the real estáte in the county of Madison, and he was afterwards, by an order of the Court, founded on petition and affidavit, authorized to sell the real estate, and directed to invest the proceeds, &c. for the maintenance of the lunatic.