13. Petition for the custody and estate. payment of his debts, on a bill filed by a creditor for that purpose, without a petition of the committee of a lunatic, under the act concerning idiots and lunatics, &c. Sess. 24. Ch. 30. but the sale is to be conducted under the directions of the court, by a master, and committee of the lunatic; and the terms of sale must be reported to the court for its approbation, be fore any conveyance is executed. S. C.(n). The proper remedy for the creditor of a lunatic is in this court, which has the sole custody and disposal of his real estate, and not by an action at law.(0) Where it appeared that all the estate of a lunatic had been expended in his necessary maintenance, the court on petition of the committee, and report of a master, ordered the lunatic to be delivered over to the overseers of the poor of the town.(p) Petition for the custody of the person, and management of the lunatic's estate.(a) In Chancery. In the matter of G. H. a lunatic. To the Honorable James Kent, Chancellor of the state of New-York. The humble petition of A. B. & C. D. of the city day of of the person and county of New-York, respectfully sheweth, that pursuant to your honor's order of the inst. made upon the petition of your petitioners, A. B. C. D. & E. F. a commission in the nature of a writ de lunatico inquirendo, was issued out directed to certain commissioners therein named, to inquire of the lunacy of G. H. of the city and county of New-York, who is, &c. &c. of your petitioners, (as the case may be.) ... day of That the said commission hath since been duly executed, on the last past, before the major part of the commissioners in the said commission named; and thereby it is found, that the said G. H. was then a lunatic, and not capable of governing himself, his messuages, lands, tenements, goods and chattels, and so had been for last past; and it is by the said inquisition further found, that the said G. H. was seised of or entitled unto a considerable real and personal estate, and that your petitioners, A. B. C. D. &c. are brothers and nearest heirs to the said G. H. the lunatic, who at the time of taking the said inquisition was of the age of years. That your petitioners, being desirous that the person and estate of the said lunatic may be duly taken care of, in such manner as is necessary and usual in cases of this nature. Your petitioners, therefore, humbly pray your honor, that the care and custody of the person and estate of the lunatic, may be granted to your petitioners; they giving such security as is usual in such cases. And your petitioners shall ever pray, &c. &c. The person who is to have the care of the estate of the lunatic, is not only to be bound himself, but is to give security for the faithful performance of the trust, therefore the first order in the petition is frequently a reference to a master, to inquire into the competency, committing the as well of the principal as the security. The mastér having made a satisfactory report on this subject, an order is then made by the Chancellor, for committing the person and estate of the lunatic, which is in the following form: Order for committing the person and estate of the lunatic. At the court of Chancery, held at the City-Hall of the city of New-York, on the day of June 1818. The Honorable James Kent, Chancellor. In the matter of G. H. a lunatic. 14. Order for On reading the petition of A. B. C. D. & E. F. person and es. praying, that the care and custody of the person, and matic management of the estate of the said lunatic, may be granted to the said tate of the la they giving such security on reading an inquisition day of June, last past, as is usual in like cases, and enter into a recognizance before a master of this court, in said form the trust and office of the committee, of the person and estate, real and personal of the said lunatic; and that he account to the court according to law, and thereupon a commission issue, committing the person and estate of the said lunatic to the said Isaac L. Kip, Assistant Register. The committee and security having entered into the recognizance required by the order, the master will give a certificate thereof, which being presented to the register, he will thereupon issue the commission, or in pursuance of the more usual practice, the solicitor will enter an order of confirmation on the commission previously filed with the register. Recognizance. master. and cer Know all men by these presents, that we, A. B. C. 15. Recogni D. & E. F. all of the city, county and state of New-tificate of the York, are held, and firmly bound to the people of the state of New-York, in the sum of dollars, lawful money of the United States of America, to be paid unto the said people; for whieh payment, we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. our seals, and dated the day of year of our Lord one thousand eight eighteen. Sealed with in the hundred and Whereas, by an order of the Chancellor of the state of New-York, the above named A. B. hath been appointed guardian and committee of the person and estate of a lunatic. Now, the condition of this obligation is such, that if the said A. B. shall well and faithfully perform the trust and office of guardian, and committee of the person and estate, real and personal of the said lunatic, and shall account to the court of Chancery of the state of New-York, according to law, then this obligation to be void; else to remain in full force and virtue. A. B. C. D. E. F. Sealed and delivered? in the presence ofS G. H. & I. J. Master's Certificate. I certify, that in pursuance of an order of the honorable court of Chancery of the state of New-York, made on the inst. I have perused the within bond, and do approve of the same. Dated the Lord 1818. day of Order for approving the security and confirming the appointment of the guardian. In Chancery. In the matter of a lunatic. 16. Order of On reading a bond duly executed by A. B. who hath confirmation, been appointed a guardian and committee of the person and estate of the said lunatic, and by B. C. as his surety for the faithful performance of his trust, according to the order made by his honor the Chancellor in this matter; and on reading the report of I. H. Esq. one of the masters of this court, endorsed on said bond, whereby he reports that he had examined and did approve of said bond, and on filing the said bond and re |