Year: 1878




NEw-YoRK SUPREME CoURr-IN THE MATTER OF


THE APPLICATION OF THOMAS LORD, JR., AND


OTHERS FOR THE GRANTING OF A COMMISSION


IN THE NATURE OF A WRIT DE LUNATlCo IN
. oUIgENDo AGAINST THOMAS LORD OF THE CITY


AND COUNTY OF NEw-YORK.


City and County Of Neg- York, S.;


Thomas Lord, being duly sworn, depOSes
and Gays the person Of that name referred 10 IN
these proceedings have seen copies OF the adaVts
of my three sons filed herein on the Sd day OF January
inst and Of an order OF the date puporng to au
thorze Messrs Fancher Fish and Peters to inquire by
iury of INV "lunacy" or Of my unsoundnCss OF mind
and "mental incapacity " TO manage my own affairs
Such order purports 10 have been made at Special
Term of this court held in this city the sd day OF jan
nary by the Hon. c. II. Van Brunt, j.


am advised and believe, and therefore aver that the
said II. Van Brunt had no lawful authority to hold
the said Special Term to make authorize the said
order and that the said order and all proceedings there
under are null and void and ought Of right TO be va
Gated and set aside. The said c. H. Van Brunt, as am
Informed and believe, was not on the said 81 day OF
January Justice the Supreme Court but was ana
Judge OF the Court of Common Pleas OF the City OF
Eew-York That as such Judge of the Court OF Common
Pleas be was on the 30ih day of December 1876 and
On the oath day of December, 1877, duly appointed by
the Governor OF this State, by appointment OF which
copies are hereto annexed to hold Circuit Courts III the
month of December during the year 1871 and for the
month of January, 1875 within the said City and County
of NeY-York and the Hon. George &. Barrett and the
Hon Abraham r. Lawrence WERE by assignment OF the
Judges of Supreme Court duly assigned TO hold the
two specal Terms of said Supreme Court within said
city and county for the month OF January 1878;
and that the said H. Van Brunt had no authority 10
hold concurrent Special Term as recited In SAID order
or 10 make or authorize any Special Term order of the
Supreme Court during the month OF January, 1878 l
therefore say as am advised and believe. that the said
order and all proceedings founded thereon or in persu
anee thereof are without legal authority, and should be
vacated and set aside.


REASONABLE NOTICE ASKED FOR


lam advised and believe that such order is so vaca-
ted it possible for my said sons to move this Court
again upon their petition for similar ORDER and re-
specfuy submit that they ought not to be allowed so
TO do without reasonable notice to me and request
that this Court will by proper order require such notice
10 be given and make such request for the following
reasons:


tits just that when a citizen is to be simultaneously
deprived of his liberty and his property, be should be
given bis day court that the Court itself may be adj
yised as to his actual condition and whether there is
reasonable or probable cause for subjectng him TO the
humiliation difficulty and Of public jury trial upon
the question Of his mental capacity to control his own
person and Such previous Investigation as am
advised and believe sanctioned by the most approved
precedents in the courts, 1t being the prac-
tce Of those tribunals to satisfy them
selves in the first instance in all cases
where there may be doubts, to the end that unjust
impuation may not receive the apparent approval Of
the Court that regulations may be saved and that
necessary expense may be avoided an informed that
this especially required where in this case, the
pcation of interested petitioners s unsupported by the
opinion Of any physician other competent person.


DENYING MENTAL INCAPACrTY.


H. Ihave resided in this city for over sixty years.
Daring that time believe that have gained and stl
retain the Of my associates Previous to these
proceedings II has never, TO my knowledge been nt-
mated or suggested by my friends associates those
with whom had occasion to transact business that
was OF becoming hluac, or OF unsonnd mind and
mentally inCapacltated 10 manage my affairs.


So far as opinion upon that point may be
useful, ! submit herewith, by advice OF my counsel.
the alidayits Of DR.. Fordyco Barker and Dr. Austin
Flint These two gentlemen were unknown to me before
the interviews referred to by them aud were selected
10 visit and examine account of their eminent
character and standing IN the medical profession. II
Investigation by the Court should result in cOnfrma
tjon Of the opinions OF Drs. Barker and Flint it would
seem lust to me that should be spared the trouble and
modification OF further proceedings herein.


have large real and personal estate which have
managed and controlled down to the present time with
out any other assistance than such as is usually EN-
ployed have collected and renvested or disbursed
ITS income and l have done generally all that was
necessary for its preservation.


THREATS OF CHARLES LORD.


Several years ago entered into an engagement Of
marriage with my present wife, and consummated such
engagement believing that IL afforded the best means to
assure comfort and happiness 10 declining years
Before IL was consummated, and about the Goth
OF December last as subsequently learned. my wife
veceiyed from my SON. Charles Lord letter, which
know TO DC in handwriting addressed 10 her III her
then name, In these words;


Mrs HICKS: ,,,
MADAM: Are You aware Of the fact that my fathers
family have been informed that you nave already DOT
,sraA ar0og
continuiDg borrow siuoe your return from Europe
and INV informant SAYS that il impossible TO tell when
Won will stop borrowing Father Is very old gentle
man and he ought not TO be called upon for a
dollar by any one outside his own children.
I1ss than four weeks ago | had severe hem
orflaee frou the lungs, and the doctor ordered me
10 buy and ride IN q carriage. Father said must wait
dntil &c Was paid back very large owing him. aud
ret since that hie was told Ic had twice drawn aud