In re Page

Citations

• 7 Daly 155

Syllabus

<p>There is no rule of law excluding the heirs or next of kin of a lunatic from being appointed committee of his person and property, although the court will exercise circumspection and care in appointing those who might be benefited by the lunatic’s death, and who would have an interest in accumulating the income of his estate.</p> <p>The court selects the committee with the view of doing what in that particular case is best for the lunatic, keeping in view the possibility of his recovery; and does not recognize any absolute preference of relatives to strangers or of strangers to-relatives.</p> <p>The report of a referee, to whom, it has been referred, to inquire and report a proper person or persons to be the committee of a lunatic, should not be confirmed where-it appears to the court that the referee has exercised no discretion in his selection-between the only two persons proposed, but has reported one for nomination on the erroneous supposition that the other was, as a matter of law, excluded from appointment, but the matter should be referred back to him for the exercise of that discretion.</p> <p>The opinion In the Matter of Owens, 5 Daly, 288, explained; by Charles P. Daly-, - Chief Justice.</p>