HEWITT'S CASE. 199

Hewitt died in June, 1827, intestate, leaving these parties his chil-
dren and heirs-at-law, that at the time of his death he was seised
in fee simple of certain real estate, and possessed of some chattels
real, which being in themselves in capable of division, it was prayed
that they might be sold and the proceeds divided among these
parties. But it was further stated, that the defendant Jacob
Hewitt, had, by a commission from this Court, been found a luna-
tic; and that the other defendant, Reziu D. Hewitt. had been ap
pointed his trustee, in whose custody he then was as a lunatic;
upon which it was prayed, that by a special order, the defendant,
Rezin I). Hewitt, might be authorized to answer for him. And to
obtain the opinion of the Chancellor upon this latter prayer, the
bill was at once submitted to him.

BLAND, C., 2(5th January, 1831.—Where a defendant has been
found a lunatic by a regular commission, and is then in custody as
such; and it is so stated, as in this instance, it is a matter of course
for him to answer by his committee without any special order for
that purpose; but here it appears, that the lunatic's committee is
interested in the subject in controversy; and, therefore, it becomes
necessary to appoint a disinterested, capable person as his guar-
dian, to answer for him. 2 Mad. Chan. 332; Lloyd v. ——, 2 Dick.
460: Lyon v. Mercer, I Cond. Chan. Rep. 182. Subpcenas may is-
sue in this case, as of course, against both the defendants; but no
further proceedings can be had, as against the lunatic, until he has
a guardian appointed for him who will consent to act as such, and
take charge of his interests. The Chancellor will expect to have
some suitable person described and recommended to be guardian
to the defendant Jacob Hewitt.

Whereupon it is ordered, that this case stand over as to the de-
fendant Jacob Hewitt, until further order.

* The defendant Rezin D. Hewitt, by his answer, admitted,
that the property in the bill mentioned was incapable of 185
division; and therefore prayed, that it might be sold. And at the
same time the solicitor of the parties recommended Doctor Haines
Goldsborough, of Anne Arundel County, as a suitable person to be
appointed as guardian of the lunatic defendant.

BI.AND, C., 12th February, 1831.—Ordered, that Doctor Haines
Goldsborough, of Anne Arundel County, be, and he is hereby
appointed guardian of the said defendant Jacob Hewitt, a lunatic,
with full power and authority to answer the said bill of complaint
in his behalf, and in all respects to defend and sustain his rights
and interests so far as the same may be involved in this suit.

After which the lunatic defendant, by Goldsborough his guar-
dian, answered, that he believed it would be to his advantage,