The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-07-27
Granted Every Citizenship
Right in New York by
Justice Ford.
ADJUDGED INSANE IN 1897
Right to Handle Estate Lost
+, in Action Brought by His
Two Brothers.


sojourn temporarily in New York. his
native State. have ceased to mean any
thing IN his life and they may expire
AZ much as they please without causing
him the least bit Of worry.
Committees Of person and property
also are bogeys OF the past. for Justice
Ford In the Supreme Court handed down
a decision yesterday declaring the sage
OF Merry Mills to be sane ana legally
competent to have full charge Of his
large estate as we'll as fully restoring
TO him every right and privilege OF
citizen of the State Of New York.
with the filing next week OF the order,
when its formal terms have been in
dorsed by the court as settled
Chaloner will be restored to the status
OF a sane man in this State. and the
Intermittent legal battle waged by him
for seventeen years TO have set aside
the decree which declared him mentally
unht TO handle his own AFFAIRS will have
ended. Until the final settlement OF the
order Chaloner continues to reside here
under the protection OF Federal writ,
which enabled him to appear personally
in the prosecution OF his libel suit.
Chaloner easily was the most pleased
man in New York yesterday when news
of Justice Fords decision was conveyed
WORT. The decision was not unexpected.
as Justice Ford intimated at the COM
pletion of the arguments on Chaloners
application for the discharge of his COM
mittee that such would be his finding
but the realization of his dreams Of sew
enteen years transformed Chaloner into
q boy again.
Quickly Wires His Friends.
Messengers bearing kilograms ha silly
written by Chaloner scurried out of his
room to put on the wires dispatches
which would notify friends of the courts
decision. The telephone bell In the suite
rang every few minutes. and Chaloner
personally took the congratulatory mes
sages from friends who already had
heard the news.
said Chaloner over the telephone in a
voice which fairly made the wires VI
brate with its suppressed excitement
'T am busy sending kilograms and en-
Diagrams to friends in the United States
and In all parts Of the world. 1t will
take me all day. 1 will speak to the re-
porters at 5 o'clock Sunday afternoon
when I will have n prepared statement
and be ready to talk my head of"
Asked IL he intended to establish a
permanent residence in this State. Mr..
Chaloner replied that he was not pre-
pared to say at this time. adding. how
ever that throughout his years of exile
he continued to look upon New York
as his home.
Chaloner. who adopted that surname
IN place of his family name OF Chanler
as protest against the attitude of GER
tain of his relatives in connection with
the proceedings which resulted in his
being declared incompetent. renewed the
fight to have his sanity established fol-
lowing the successful outcome of his libel
action, which was tried several months
ago.
Asked Allowance Increase.
Following motions made in Special
Term of Supreme Court to have in
creased his allowance from the large
estate held in trust for him. he filed.
through his attorneys, an application to
have Thomas T. Sherman of so Wall
street removed as the committee of his
person and estate on the grounds that
he considered himself competent to man.
age his own affairs.
Previous ATTEMPTS TO have his COM
potency established met with opposi-
ton from members of Chaloner's family,
but In this case no fight developed AL
though Mr.. Shearman entered a formal
appearance the court was given to I'M
derstand that members of the Chanler
family were not averse to having
Chaloner's Punishment order revoked.
Decision was reserved by the court fol-
lowing the arguments.
In the decision handed down yester-
day Justice Ford reviews at length the
facts presented to him In the affidavits
OF the petitioner and also during the oral
arguments. He wrote:
For upward OF seventeen years
since he was tudlcially declared compe-
tent in the state Of Virginia we find the
petitioner living sane and well ordered
life in tho enjoyment OF social. religious
and public esteem and honor. What
more proof is needed OF his competency
10 manage himself and his affairs in this
State also? What need il there for
referees, experts or juries? Why should
he be subjected to further harassment?
THE injunction Of the Court of APP
peals have kept in mind and Needed.
IT requires a court to proceed with great
care and patience SO as to protect the
alleged lunatic against the wrongful de-
privation OF his liberty and property and
In obedience to that injunction declare
this petitioner to be sane and competent
10 manage himself. his property and af-
fairs and is entitled to go forth and min
gle with his fellow hien, freed from the
Incubus which he has borne with for
many years. The prayer OF the petit
toner Is granted"
Adjudged Insane In 1897.
In the preamble to his decision Justice
Ford reviews briefly the history of
ChaloneTs' case from the time he was
adjudged insane and committed to the
Bloomingdale Insane Asylum In 1897 and
OF the proceedings instituted two years
later by two brothers, as a result of
which a committee of his person and
property was appointed. He also refers
10 Chaioaer's escape from Bloomingdale
In 1900 and of the proceedings in the
court of Virginia, where the petitioner
was declared competent.
Justice Ford quotes at length the
statutes under which the motion before
the court was brought, dwelling upon the
section which states that where the al
legged lunatic becomes competent to man
must make an order terminating the
committee Of his person and property.
He quotes from a letter introduced by
the petitioner as indicating the senti-
ments of relatives In respect to the ap-
plication. Referring to the petitioner he
says:
'It appears from the petition that
since the Virginia courts adjudged the
petitioner sane he has resided In that
etate and In North Carolina, maintaining
4 country residence In the former and
having his legal residence in the latter
state since 1905. In both States he has
properties which he has managed sue
cesBfully and methodically. He Is him
self member OF the bar Of this State and