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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 278   View pdf image (33K)
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278 HIGH COURT OF CHANCERY.
IN THE MATTER OF THE ESTATE OF
RACHEL COLVIN, A LUNATIC.
JULY TERM, 1851.
[LUNACY AND LUNATICS—RECEIVERS—JURISDICTION—ADMINISTRATOR
PENDENTE LITE—APPEALS.]
THE authority of the Court of Chancery in this State, to take charge of the
estates and persons of idiots and lunatics, is derived from the 6th section
of the Act of 1786, ch. 72, which gives the Chancellor full power, in all
cases, to superintend, govern, and manage their estates and persona.
The power of appointment of a committee for a lanatic is a discretionary
one in the Chancellor, and cannot be reviewed by any other Court, though
it should not be exercised arbitrarily or capriciously, and without regard
to the wishes or recommendations of those interested in the estate, or who
feel an interest in the person of the lunatic.
Though the committee is usually appointed on the nomination of the person
who sues out the commission of lunacy, yet a caveat may be entered
against the appointment, and when this is done, the recommendations of
the parties interested will be considered, and proof taken to aid the Court
in making the selection.
Though in this State it is more usual to appoint the same party committee
of the person and estate, yet not unfrequently the practice is different,
and from peculiar circumstances it is sometimes eminently proper to in-
trust the person of the lunatic to one committee, and his estate to another.
The rule of the Court in making such appointment, other things being equal,
is to appoint him who is recommended by the greatest number of those
who are entitled to be heard.
We will of a lunatic, though made when she was compos mentis, and though
she may never be restored to mental capacity so as to revoke it, is still,
in legal contemplation, ambulatory until her death, and until then can
confer no rights, and can have no influence on the Court in appointing
her committee.
The great and leading object ia the selection of persons for the management
of the estates of lunatics, and the custody of their persons, is to advance
their welfare and comfort, and the interests of those who may be entitled
to the succession is wholly subordinate to this.
The law now presumes that the nearest of kin to the lunatic will treat him
with more affection than strangers to his blood, and hence consanguinity,
though it confers no positive title, is now considered a recommendation in
the selection of a committee, and a strong ground must be shown before
it will be disregarded.
If the person recommended is embarrassed by pecuniary difficulties, and

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 278   View pdf image (33K)
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