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IN THE MATTER OF RACHEL COLVIN. 283 unfrequent, in which the person of the lunatic is intrusted to one committee, and his estate to another; and this practice prevails elsewhere, and ia sometimes, from peculiar circum- stances, eminently proper. 2 Story's Eq. See. 1864. la this ease, it unfortunately happens that the parties interested in the estate of the lunatic, that is, those' who in ease of her dying Intestate would succeed to it, differ very widely and irreconcilably in regard to the person to whom the manage- ment of it should be confided, and it becomes the duty of the Court, therefore, to make a selection from the persons recom- mended, and in doing so, it must be understood that no impu- tation ia intended to be cast upon the party whose claims to fulfil this office may not prevail. The Court must examine the materials brought before it, as a guide to its discretion, and having done so, and made a selection upon the principle which obtains in this and analogous cases, it would be a forced and unreasonable conclusion, to infer that the party whose pretensions are overlooked, or set aside in favor of another, is deemed by this Court unworthy of its confidence. Confining our attention to those who would, in case of the death of the lunatic at this time, intestate, be entitled to her estate, it is clear, other things being equal, that the appointment, so far as the property is concerned, should be conferred on Benjamin H. Ellicott, as, conceding that the recommendation of him by Ann Hudutt, has been withdrawn, there will still be found a larger interest uniting in his favor, than of either of the other persons. If a majority of the parties in interest do not concur in his recommendation, a con- siderable plurality certainly does, and this circumstance unques- tionably is entitled to much weight. Sensible, it is presumed, of the influence of this considera- tion, the petitioner, Richard 0. Warford, brings to the notice of the Court two wills, executed by the lunatic, the first in the year 1845, and the last in the year 1848, by either of which the largest portion of her estate is devised and bequeathed to him; and these wills, it is insisted, are fit to he considered, either as indicative of his interest in the estate, or of the con- |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 3, Page 283 View pdf image (33K) |
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