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MORGAN'S CASE. 335
18th June, 1829.—BLAND, Chancellor.—The petition of Charles
Morgan, together with the opinions in writing of sundry persons,
as to his capacity to manage his own affairs, having been submitted,
were read and considered.
Charles Morgan himself did not appear, as would seem to have
been his intention from what is said in one of the letters filed. But
if he had, it is most likely I should not have been better enabled to
have ascertained the regularity and strength of his mental facul-
ties by a short personal interview, than from the various opinions
which have been thus given to me of him. It is not easy to make
up a correct judgment on such a matter, (a) In cases of lunacy
a generous equity is to be administered with a parental hand; and
yet, the means of meting out common justice is not always within
the power of the court for want of correct information as to facts
and circumstances. It does not appear, that the court has ever
before been informed, that Thomas M. Cooper was a resident of the
state of Delaware at the time he was appointed trustee. It is clear,
that no one should be appointed or continued as the trustee of a
lunatic who resides beyond the jurisdiction of the court, and can-
not promptly be made amenable to its authority. (6) I have there-
fore no hesitation in displacing Cooper. And I now only deem it
necessary to appoint another trustee until the intellectual condition
of diaries Morgan can be more satisfactorily ascertained, (e)
Whereupon it is Ordered, that Richard Dardin, of Talbot county,
be and he is hereby appointed trustee in the place of the said
Thomas M. Cooper, to take charge of and have the care, custody,
and management of the person and estate of the said Charles Mor-
gan, a lunatic. And that the said trustee Dardin, apply the inte-
rests, rents, issues, and profits, of the said lunatic's estate to his
support and maintenance, and render an account thereof accord-
ingly. But before the said Dardin acts as trustee, he shall give
bond to the state of Maryland, with surety to be approved by the
Chancellor, in the penalty of $3,000, well and truly to discharge
his duty as trustee, and to render an account, on oath, of all the
property of the said lunatic, with the interest, rents, issues, and
profits thereof, once in each year; and as much oftener as may be
required; and to deliver the same up, when called upon to do so.
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(a) Colegate D. Owings' case, 1 Bland, 370.—(6) Ex parte Ord. 4 Cond. Chan,
Rep- 44; Logan v. Fairlee, 4 Cond. Chan. Rep. 90.—(c) Ex parte Thomas Drayton,
1 Desau, 144.
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