Volume 200, Volume 3, Page 288 View pdf image (33K) |
288 HIGH COURT OF CHANCERY. both personal and real, until some one having right to the same shall appear, to whom it can be delivered, or until further order of this Court in the premises, and recommending the said Ellicott as the proper person to be appointed such receiver; The Chancellor on the same day, but previous to the filing of this petition, made the following remarks.] THE CHANCELLOR: Upon looking more carefully into the question affecting the authority of the committee, after the death of the lunatic, I am satisfied that his office is determined by that event; and that the only power which the Court retains over the committee as such, is to compel him to account and to deliver possession of the property, as the Court shall direct. But the committee is to retain the possession, and preserve the property from in- jury, until some person shall appear properly authorized to receive it from him. In the mean time, if there is reason to apprehend delay in ascertaining who are entitled to the pos- session, a receiver may be appointed upon the application of the parties in interest, as was done in the case of the Duchess of Norfolk, cited in Shelford on Lunacy, 210. [Accordingly, on the 9th of February, 1853, the Chancellor passed an order, appointing the said Ellicott a receiver, " with full power and authority to take charge and possession of the estate of the said Rachel Colvin deceased, real, personal, and mixed, now in the possession of the committee of the said de- ceased under a former order of this Court, and to hold and manage the same in all respects as the said committee, during the continuance of his office and authority, was empowered to do." The order then requires him to give bond in the penalty of $30,000 for the faithful performance of his duties as auch receiver. "And power is hereby expressly reserved to this Court to change, modify, or annul this order, and to discharge the receiver hereby appointed, and to pass all such orders and decrees in the premises as may hereafter be deemed neces- sary and proper." Subsequently to this, Richard 0. Warford |
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Volume 200, Volume 3, Page 288 View pdf image (33K) |
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