The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-05
MRS. DIR. CONNOLLYS LUNACY.

Another POst-NIortens Raid-Order Of the
COuct Conforming the Appointment Of q
COMMITTEES.
In the matter OF Ellen M. B. Connolly. on the
27th or September last commission in the nature
of a writ de unatico i,lquerendo was issued out of
the Supreme Court to Henry J. Cullen, Jr, john J.
Crane and John r. Fellows to inquire into the
lunacy OF Ellen M. d. Connolly, wife Of DR.. J. ].
Connolly, whose death was the immediate cause Of
Mrs. COnnOy's malady. Al an lnquisition held on
October IL the unfortunate woman was found by
the Commissioners and a Jury to DO q lunalic, and
on the Attn or November an order was entered con-
forming the finding Of the jury and appointing
Selah b. Strong, Jr., committee OF her estate and
person. This appointment was made upon the con-
sent OF John Henry ana Thomas KellOran Two OF the
next Of kin OF Mrs. Connolly.
Tae Jurors at the lnquisition found Peter, John,
opn nc ~ T M t%a ane es agnes q k b
next OF kin Tor the appointment OF Mr.. Strong as
committee was not obtained, and there was no
proof that any nOlce was served on the rest OF the
next OF kin or the application for such appoint
ment. Strong, soon alter taking possession OF the
first obtaining an order OF the Court. Upon this Mr.
II. =. Denison, Oh behalf of Thomas Kiloran, one
OF Mrs Connollys brothers, moved before Judge
Cardozo TO remove Mr. Strong on the ground that
the order under which he appointed was irregu-
lar and further that he had exceeded his authority
1t was urged IN opposition that due notice had been
given to ali the parties interested with the excep-
ton Of Peter KellOran, who serving q term in the
State Prison, and tnat the sale was made for the
best interest OF the estate. The motion to remove
the committee was denied, wnereupon an appeal
was taken to the General Term, which came up yes
terday morning before Judges Ingraham and Bar
nard.
Mr.. Denison argued for the appellant that as all
the next OF kin did not unite In the petition give
their consent Or the appointment OF MI. Strong, 1t
was void, and In support cited the case OF Lamo-
rec, In which the Court, at General Term, held
that an lnquistiOn should be set aside and new
commission issued where q stranger is appointed
the committee without the consent OF the relatives
and next OF KIN Of the lunatic and Without refer.
ence and notice to persons pr0spectvely interested
In the estate.
He further contended that the bond given by Mr..
Strong was Inadequate to the amount of property
involved, and that 1t should be In double the value
OF the real and personal estate OF the lunatic and
further, that the cOmmitlee had right to sell anv
part OF the property Without first obtaining leave
from the Court
On behalf OF the committee Mr.. Asa A. Spear ar.
gued that the order appealed from was not appeal.
able as did not affect any substantial right or the
petitioner; that the proceedings were regular In
every respect and that the sale was authorized by
the state OF facts which existed, and proved beneh-
cial In It's results. The bona already hled In the
amount or $40. 900 was ample, more than covering
Mrs. Connolly's personal property; and he did not
think the Court could require a bond for her per.
sOnal estate.
The Court affirmed the order of the Court below
so far as confirming the appointment Of the commit
tee out increased the amount Of the bond to $50 00O
and gave costs to the appellant.