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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 86   View pdf image (33K)
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86 BOARMAN'S CASE.—2 BLAND.

upon the petitioners prayed, that a writ de lunatico inquirendo
might issue; that a committee might be appointed, &c. With
this petition were filed two certificates, stating that Cornelius
Boarman was believed to be a lunatic.

HANSON, C., 26th April, 1797.—When this petition shall have
been duly filed, issue a writ agreeably to its prayer, to Prince
George's County.

The writ de lunatico inquirendo was accordingly issued; and an
inquisition had and returned; by which it was found, that Corne-
lius Boarman was then a lunatic of an unsound mind; and did
enjoy lucid intervals; but not so as that he was capable of the
management of himself and his property; and that he was seized
in fee simple of a tract of two hundred acres of land in Charles
County, with a number of negro slaves, and other personal prop-
erty as therein specified, £c.

HANSON, C., 7th February, 1798.—Ordered, that the care, cus-
tody, and charge of the person, and of the estate, real and perso-
nal, of Cornelius Boarman, a lunatic, be and it is hereby committed
unto John Manning, husband to Mary Ann Manning, one of the
presumptive heirs of the said lunatic; and, that until the further
order of the Chancellor, the said John Manning shall use
90 the * said estate as his own, without rendering any account
of the profits thereof; (a) in consideration of his taking care of the
person of the lunatic, and providing him clothing and complete
maintenance, and every necessary to his comfort and subsistence,
according to his estate and condition: provided, that before the
said John Manning shall act as trustee aforesaid, he shall file with
the register of this Court, a bond to the State of Maryland, exe-
cuted by himself, and surety or sureties, approved by the Chan-
cellor, in the penalty of £2,000, conditioned for the faithful per-
formance of the trust reposed in him by this order, according to
the tenor thereof; and for returning to this Court within six months
from the date thereof, an inventory of the real and personal estate
of the said lunatic, which shall come into his hands, or be known
to, or discovered by him; and for delivering the same up, agree-
ably to the Chancellor's order, whenever for that purpose passed.

(a) The Chancellor of England cannot grant a lunatic's estate without
account; but the Chancellor there, may make what allowance he pleases for
the maintenance of the lunatic, as supposing the estate to be £500 per annum,
or £1,000, he may allow as great a salary as the income of the estate amounts
to; so that, in some cases, where the income is very narrow, the whole may
be deemed little enough. Sheldon v. Fortescue Aland, 3 P. Will. 110; Lysaght
v. Royse, 2 Scho. & Lef. 153; In the matter of Fitzgerald, 2 Scho. & Lef. 436;
Shelford on Lunatics, 215.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 86   View pdf image (33K)
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