Clanton v. Wright
Clanton v. Wright
Opinion of the Court
— There are funds in this cause belonging to the complainant. She is a citizen of the state of Missouri, and, upon proper proceedings in that state, has been adjudged a lunatic. A petition is now presented by William S. Patterson, stating that he has been appointed the committee or guardian of the lunatic by the court which issued the commission of lunacy, and that he has given bond, with good security, to manage and account for her estate, as-required by the law of that state, and that this bond has been given with special reference to the fund in this court, and in a sufficient penalty to cover the fund. The record of the court appended to the petition shows the facts to be as .alleged,, and that the bond and other proceedings are in strict compliance with the provisions of our Code, §§ 2539— 2543, prescribing the mode in which the property of a nonresident infant may be removed from this state to the state or territory of his residence.
We have no statute providing for the removal from this state of a lunatic’s property, and the power to authorize the removal without a statute has been questioned. McNeely v. Jamison, 2 Jones Eq. 186. But the right of the court of chancery to transfer the funds of an estate which is being administered, from the forum of ancillary administration to the administration of the decedent’s domicile, without the aid of a statute, has been universally admitted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.