Burke v. Wheaton

Decided October 15, 1828

This was a petition to the Court to appoint a committee of the estate of Major Wheaton, who was found lunatic in Baltimore ; there being property in this county. t The Court will take notice of the proceedings of a foreign court finding a party lunatic. Ex parte Otto Lewis, 1 Ves. Sen. 298. In Ex parte Gillatn, 2 Ves., Jr. 587, the Solicitor-General said, “ For he had been found lunatic by a competent jurisdiction in the country in which he was.

Decided 1828-10-15

¶1The CouRT (ThRüston, J., absent,) appointed Dr. Laurie, committee. The Act of Maryland, 1785, c. 72, § 6, authorizes the Chancellor to superintend the affairs of lunatics, and to appoint a committee, &c., but does not direct the mode of ascertaining who are lunatics. This must be done by a writ in the nature of a writ de lunático inquirendo, which issues by order of the Court upon affidavit.