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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 98   View pdf image (33K)
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98 BOARMAN'S CASE.

It is perfectly clear, from the proceedings, that Ignatius Man-
ning is chargeable with the sum of £353 7s. 0d. which he has, or
ought to have in his hands, as a part of the late lunatic's estate.
On the death of the lunatic, the jurisdiction of the Chancellor over
his estate immediately ceased for every purpose whatever; except
that of calling the trustee to account, and directing him to hand
over all the property of the deceased lunatic to his legal representa-
tives; so that this court might, without delay, completely deliver
itself of the whole subject of which it had taken charge, (e)

But if this court were to continue its authority over the estate of
the deceased lunatic, for the purpose of ascertaining the proper
discount to which the trustee was entitled, as next of kin, or credi-
tor other than as trustee, there would be scarcely a single instance
in which, upon the death of a lunatic, who had been under the care
of this court, that the administration and distribution of his estate
would not be thrown upon this court, instead of the Orphans
Court, which has been, in so especial a manner and in general,
clothed with jurisdiction in all matters relative to the administra-
tion and distribution of deceased persons' estates; since it must
very often happen, that a trustee may have such a claim as this
upon the estate of the deceased. Such a course of proceeding, as
a continuation of the jurisdiction in lunacy, cannot be allowed.
But there may be circumstances in which a bill may be filed by a
next of kin, or a creditor of the deceased lunatic against his admi-
nistrator and trustee for the administration and distribution of his
estate, in which the trustee may be ordered to account in that
cause; and upon such account may have all just allowances made
to him. (f) Here, however, the matter is presented in an entirely
different form.

A trustee of a lunatic is an agent of the court, who must be held
strictly accountable; and who must hold himself at all times ready
to account, to deliver the property, and to pay the money in his
hands, as ordered by the court, without the least delay.

Whereupon it is Ordered; that the said petition be and the same
is hereby dismissed with costs.

After which, on motion of Ignatius Manning in proper person, the
attachment not having been served upon him, the matter was again
brought before the court.

(e) 2 Harr. Pra. Chan. 122; Shelford on Lunatics, 208; Ex parte Clarke, 4 Cond.
Chan. Rep. 276. (f) Wigg v. Tiler, 2 Dick. 552; Shelford on Lunatics, 213.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 98   View pdf image (33K)
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