A treatise on the law of idiocy and lunacy : to which is subjoined an appendix, containing the practice of the Court of Chancery on this subject, and some useful practical forms / By A. Highmore, solicitor.

  • Anthony Highmore
Date:
1807
Catalogue details

Licence: Public Domain Mark

Credit: A treatise on the law of idiocy and lunacy : to which is subjoined an appendix, containing the practice of the Court of Chancery on this subject, and some useful practical forms / By A. Highmore, solicitor. Source: Wellcome Collection.

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    mentis: but here it stopt; and this, at least, a Court of Equity insists must be found to entitle any one to a commission ; and therefore, though a Jury find that one is incapable of managing his affairs, yet such a finding is insufficient: they must find him to be of unsound mind, A man may be of weak understanding, and of no resolution of mind ^ but this is n3t sufficient to ground a commission: if he never was of better understanding, perhaps a commission of ideocy might lie ; but query.—If it be objected that he may be imposed on in dis- posing of his estate by will, it is answered that fraud and imposition upon weakness is sufficient to set aside a will of real, much more of personal estate. There was a case in Lord Hardwick's time, where, though one could not be proved a lunatic, yet from the imposition on his weakness, the court relieved against a deed obtained from him: im- mediately after the decree, the grantee got a re- lease of the decree from him ; against this also the court relieved; and it was said, that Lord Hard- wick ordered that he should not execute any future deed, but with consent of the court. A person found a lunatic by a competent juris- diction abroad, may be so considered in England (y). But as it is of considerable importance to ascer- tain, with some precision, the nature of that sus- (y) 2 Ves. jun. 58S. B 4 pension
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