New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-04-20
THE COURTS.
.BRAm GosL1NG's FAMILY DEFEATED.

ABRAM GOSLING'S FAMILY DEFEATED
THE INQUIRY As TO HIs SANITY REsIh'SIr.D N''1
THE APPOINTMENT or RECEIVER VACATED
The efforts by The father and other mem
bers OF the family OF Abram GOsing sihce us
recent marriage, TO have him deciareu ="
Matte and 10 obtain possesslon OF his PoPV-ss s
have resulted in obtaining from the O0't
some interesting and important aec'ssono .no, In
rights OF persons charged with lunaey WHERE sOu ~
macy IA denied After Mr. Costing Wns declared sane y
,r,v heforn Ingtoe Lawrence In the supreme Coui"
Iudee Van HI sen, the petition OF MS iaher' anu %
ex.psrte afidayits, appointed cOmmlSson ue iu"'se
inourendo to pass again upon the question Oh MS Sy
and handing that decision Frederick Lewis was %
nointed receiver Of bis estate This eneetualy pre-
,od Mr. Gosling from interfering in any way with MS
to-rno Of 500 900 although upon the previous Tial
there had been le or evidence to show that ne mao
rduIoed I'm any reckless business methods or ways u
living. NJ. 4.,o
A motion was made before Judge Van Brnnt TWO
weeks ago to aside the appointment OF tns rece
and of the commission. He his decision YESTERDAY
He holds that commission should not DO SET asiue
But he SAYS It is very clear n the Supreme Court hau
Jurisdiction 10 proceed in the manner in which IL ulu'
that the finding Of the jury as TO the sanity vi AtS
Gosliug ia conclusive up TO the time OF the IIla
cannot be that party may be called upon 10 oelenu Ms
sanity ut the mstigaOn Of every party who may thnK
they have an interest in having him declared insane
The Judge hods therefore, that under the commission
the question Of Mr. GOsng's sanity previous TO Mareh
l6 1880 when the Jury declared him TO be sane cannot
Inc incurred into and the evidence should only relate TO
subscoueut period. Upon the question OF the appoint
ment of receiver the Judge says that in this State the
Court can never acquire jurisdiction OF person or prop
ertv In petition without notice to the alleged lunatie
This being the law, he continues this court IN the
aDpOutnent OF o receiver upon petition, gaineu
no iurisdictiOn. But IL Is urged mat as
the Statute provides that the Court shall nave
the care and custody OF all IDIOTS iunacs aud persons
OF unsound mind Of their real ana personal estates
shaI provide for their safe-keCpng and maintenance
and for the maintenance OF their fhTnles a euucttOu
of their children OF their personal estates ana inc
their real estate respectively II hau
jurisdiction appoint the receiver IN the case ~ DAT
1t is sufficient To say that II Is Only tlo estlte5
Of idiots uuatics and forth that the Court mas the
custody of and that every man Is presumed 10 DC s
until be has been pronounced 10 De insane ny lDuu
az rompetent jurisdiction. IL would Ds ulDgeOus
doc rne TO hold that mere allegation OF unacy
RECEIVER of party can be appointed, especially where
iurv have passed upon the question In favor OF hts
pr0pOunced and before party isdeprYed OF the ght
| 10 manage his own business ana anairsS'
| he should have an opportunity 70 % uchtu'
n may be true there cases IN which delay may
be productive OF great loss 10 the estate of unno
Buit is ar preferable tha such cases should happed
han that one sane person should be deprived oi tle
custody OF his property upon allegations Oh nnaey ny
some person Interested In deprYng MN OF such cu'-
tOdy" 80, -, ,,-,,.,,
cases sustain the appointment OF receiver P nlhg
commission they are OF no authority In tts stale as
Jurisdiction acquired IN the En- gsh courts BY petition
and not by bill The motion to Vacate tho appointment
OF the receiver, therefore, 10 granted.