Equitable Trust Co. v. Garis

Citations

• 190 Pa. 544
• 44 W.N.C. 41
• 42 A. 1022
• 1899 Pa. LEXIS 1058

Syllabus

<p>Equity — Jurisdiction—Discovery—Possession of personal property — Lunacy — Husband and wife.</p> <p>A bill in equity will lie by the committee of a lunatic for discovery and delivery of possession of deeds and other muniments of title, certificates of stock, negotiable securities and other personal property having special and peculiar value which is not adequately represented by market prices, against the husband of the lunatic where he denies her title, or there is reason to apprehend that he will deal with the property in any way adversely to her interest. The removal of the record of the lunacy proceedings to the Supreme Court by an appeal from an order of commitment for contempt will not prevent the filing of the bill, and it is immaterial that the bill is filed in the same court and of the same term and number as the lunacy proceedings, where that practice is required by the rules of court.</p> <p>Lunacy — Committee—Trust company — Act of May 9, 1889.</p> <p>In the absence of specific restriction in its charter, a trust company, by virtue of its general powers under the Act of May 9, 1889, P. L. 159, to “ execute trusts of every description,” must be presumed to have corporate capacity to act as a committee of a lunatic.</p> <p>Equity — Lunacy—Discovery—Possession of securities — Husband and wife — Preliminary injunction.</p> <p>On a bill in equity by a lunatic’s committee against the husband of the lunatic, for discovery and the delivery of securities which the husband had in his possession in a box in a trust company, the court in granting a preliminary injunction should not go further tiran to direct that the box should be opened in the presence of both parties; that only such securities should be delivered to the committee as the husband admitted to be the property of the lunatic; that he should be enjoined from selling or removing the securities in dispute unless security be given that they shall be forthcoming, and that defendant should be permitted to