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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 129   View pdf image (33K)
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ESTATE OF RACHEL COLVIN. 129
low, that the counsel employed by them are to be paid out of
the estate. The counsel fees referred to in the book of practice
before mentioned, are fees paid by the petitioner in conducting
the inquisition of lunacy under which the party is found to be a
lunatic. In this case the petition for the writ de lunatico in-
quirendo was filed by Richard C. Warford, and not by Elisha
Warford, the person upon whose recommendation, with others,
Ellicott was appointed committee of the estate. The former has
preferred no claim for an allowance, and the latter is entitled
to none for legal services rendered in litigating the question of
a proper person to be appointed. The law designates no person
who shall be appointed committee, and, therefore, it is unlike
the case of Young exparte, 8 Gill, 285, where it was decided
that an administrator, whose right to administer was success-
fully established, would be allowed for counsel fees. Upon this
principle, the vouchers, N03. 151 and 152, were properly re-
jected by the Auditor. It has been already stated, that the
petition upon which the writ to inquire into the lunacy of Miss
Colvin issued, was filed by Richard 0. Warford, and that Elisha
Warford and his associates interposed, not for the purpose of
disputing her lunacy, but to show that it commenced at a pe-
riod anterior to the time found by the jury, and the great mass
of evidence contained in the record was directed to that point.
The voucher No. 151, upon its face shows that it was for ser-
vices rendered to Elisha Warford and his associates in that
part of the controversy. It is apparent from the voucher, that
the money was paid for services rendered upon the petition of
Elisha Warford and others against Richard 0. Warford and
another, and had reference to the question which they were liti-
gating respecting the period of the commencement of the lunacy
of Rachel Colvin. The commission of lunacy which issued on
the petition of Richard 0. Warford had already been executed
when Elisha Warford and others interposed, by their petition,
and objected to the inquisition, because it did not carry the
lunacy back to an earlier period. Surely costs incurred in a
controversy of this nature cannot be regarded as costs of the
commission. Voucher No. 152, appears to be for legal services
VOL. iv—11

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 129   View pdf image (33K)
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