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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 282   View pdf image (33K)
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282 HIGH COURT OF CHANCERY.
with reservations having reference to ulterior questions not
now necessary to be adverted to.
The question, and the only question now to be considered,
respects the person or persons who shall be appointed com-
mittee of the person and estate of the lunatic, and this ques-
tion, though it cannot in any way affect the rights of the
parties who may, upon the death of the lunatic, succeed to or
be entitled to her estate, has been discussed with an earnest-
ness and ability which show how deep an interest they take
in it.
Whatever may be the true origin of the jurisdiction of the
Chancery Court in England, over the estates and persons of
idiots and lunatics, it is certain that the authority of the
Court of Chancery in this State, to take charge of their
estates and persons, is now derived from the 6th section of the
Act of 1785, ch. 72, which confers upon the Chancellor full
power and authority in all cases to superintend, direct, and
govern their affairs and concerns, both as to the care of their
persons, and management of their estates, and to appoint a
committee, trustee or trustees, for such persons, and to make
such orders and decrees respecting their persons and estates,
as to him may seem proper.
The power of appointment is necessarily a discretionary
one, and it is thought cannot be reviewed by any other Court,
though it would be manifestly improper for the Chancellor to
exercise it arbitrarily or capriciously, and without having any
regard to the lunatic, or the wishes or recommendation of
those who may be presumed to be interested in the estate,
or to feel an interest in his or her person. And accord-
ingly, though it most frequently happens that the committee
is appointed on the nomination of the person who sues out the
commission of lunacy, a caveat maybe entered against the
person so nominated, and when this is done, the recommenda-
tions of the parties interested will be considered, and proof
taken to aid the Court in making a selection. This is the esta-
blished 'practice, and the propriety of it is apparent.
Though in this State it is more usual to appoint the same
person committee of the person and estate, the cases are not

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 282   View pdf image (33K)
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