352 COLEGATE D. OWINGS' CASE.—1 BLAND.

Upon which they suggested, that the person of the plaintiff should
be confided to the care of Mr. and Mrs. Nesbit; and that a re-
ceiver should be appointed to take care of her estate.

BLAWD, C.,17th September, 1827.—The Chancellor has read and
considered the statement filed and submitted * this day

375 by Messrs. "Winchester and Gwinn, the solicitors of the
plaintiff.

On passing the order for reinstating this case, it seemed doubt-
ful whether the plaintiff was then in such a state of dotage as to
warrant the issuing of a writ de lunatico inquirendo. Such a writ
was not asked for by any one. The expression of an opinion to
that extent therefore, was not then considered necessary; and it
was deemed best to leave the question as to the commencement
and nature of her mental imbecility, as regards the matter in dis-
pute, to be determined at the final hearing. Upon mature de-
liberation it seemed at that time, however, to be within the scope
of the powers of this Court to protect the plaintiff, without the
intervention of a writ de lunatico inquirendo, from all personal re-
straint, or undue influence in any way, or by any one; and also,
by the appointment of a receiver, or otherwise, to protect the
property in litigation from waste, and to have its proceeds applied
to her support until the matter in controversy could be heard and
determined. With a view therefore, as speedily as possible to re-
lease this aged plaintiff' from all improper restraint, and of placing
her in a condition of undisturbed comfort, and of having the prop-
erty in dispute taken care of,

It is ordered, that any two or more of the medical professors of
the University of Maryland, who have not heretofore expressed
any opinion upon the intellectual condition of the said plaintiff
Colegate D. Owings, be and they are hereby authorized and re-
quested to visit and converse with her; and that she be permitted
without the least molestation or undue persuasion whatever, from
any one, forthwith, or at any time to go to and dwell in the house
of any one willing to receive her, as may be thought proper or ad-
visable by the said physicians, or a majority of them. And the
said physicians shall as soon as practicable make report to this
Court of their proceedings, and of their opinion of the health and
present intellectual condition of the said plaintiff. Ridgeway v.
Dartrin, 8 Ves. 67; Ex parte Tomlinson, 1 Ves. & Bea. 59; Shelf.
Lun. 62, 399. And it is further ordered, that the matter of the
said representation of the said solicitors be finally heard and dis-
posed of on the twenty-third day of October next. Provided a
copy of this order, together with a copy of the said representation
be served on the said defendant, or her solicitor, on or before the
twenty-fourth instant. Each party * is allowed to take de-

376 positions before any justice of the peace, or the commis-