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In re Petit

2 Paige Ch. 174, 1830 N.Y. LEXIS 403, 1830 N.Y. Misc. LEXIS 66
CourtNew York Court of Chancery
DecidedApril 6, 1830
StatusPublished
Cited by10 cases

This text of 2 Paige Ch. 174 (In re Petit) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Petit, 2 Paige Ch. 174, 1830 N.Y. LEXIS 403, 1830 N.Y. Misc. LEXIS 66 (N.Y. 1830).

Opinion

The Chancellor.

It was settled in the case of Perkins, (2 John. Ch, Rep. 124,) that a committee must be appointed by this court for a non-resident lunatic, to enable him to obtain the control of property in this state; and that a commission might issue for that purpose. But as the commissioners cannot authorize the empanneling, of a jury beyond the jurisdiction of this court the commission cannot be executed out of the state. (Southcot’s case, 2 Ves. sen. 402.) The usual order directing the commission to be executed at or near the residence of the lunatic must be dispensed with - in such a case; and it may be executed in such county as will be most convenient. In this case the residence of the lunatic is near the line of this state; the commission must therefore be executed in the adjoining county, which is most convenient and nearest to her residence. The commis[175]*175sioners must also give her due notice of the time and place of executing the commission, that she may attend if she thinks proper to do so.

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Cite This Page — Counsel Stack

Bluebook (online)
2 Paige Ch. 174, 1830 N.Y. LEXIS 403, 1830 N.Y. Misc. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petit-nychanct-1830.