court, and a jury of good and lawful men who reside in the neighborhood of said James Doe, who have been duly summoned and who, after having heard the evidence, arguments of counsel and charge of the court in the premises, and having been first duly tried, impaneled and sworn, well and truly to make inquisition of the facts alleged in the said petition, and a true verdict render, according to the evidence, upon their oaths do say: We, the jury, find that the facts alleged in the petition are true and that the said James Doe is a lunatic.

It is therefore ordered, adjudged and decreed by the court, that the said petition and all other proceedings thereon, together with the aforesaid verdict of said jury declaring said James Doe to be a lunatic be recorded.

1. Petition for Appointment.

a. Generally.

Form No. II136.1

(Commencing as in Form No. 11096, and continuing down to *.) The petition of the undersigned John Doe respectfully represents that he is a resident of the city of Birmingham, in this county, and a brother of James Doe,* who is over the age of twenty-one years, and is also a resident of said city and county. That on the fourteenth day of June, 1899, the said James Doe was in said court, in accordance with the provisions of law, duly declared a lunatic incapable of managing his affairs or governing himself. That said James Doe has property requiring the care of a guardian of the estimated value of twenty thousand dollars.

Wherefore petitioner prays that the allegations of this petition. may be investigated, and that he may be appointed guardian of the person and estate of said lunatic upon giving proper bond and security.

(Signature and verification as in Form No. 9915.)

Form No. II137.2

To the Court of Probate for the District of Winchester.

The undersigned, [selectmen of the town of Winchester, in said. district of Winchester, ]3 respectfully represent:

1. That one James Doe has property, and is a resident of said town, and has his domicile at the borough of Winsted, in the town of Winchester, in said district.

2. That the said James Doe, by reason of mental derangement (or the excessive use of drugs or intoxicating liquor or physical infirmities or advanced age), has become and is incapable of managing his affairs.

3. That Oscar L. Stevens has been and now is legally appointed overseer over said James Doe, and that said James Doe has refused to submit to the authority of said overseer, and continues to waste his estate and is likely to be reduced to want.

The undersigned therefore pray this court to make due inquiry into the truth of the foregoing allegations, and upon finding them true, to appoint some suitable person to be conservator of said James Doe,

3. Who may Apply. — The application may be made by the selectmen of the town of residence or domicile, or by the husband or wife of any relative of the person under disability. Conn. Gen. Stat. (1888), § 475.

When made by the husband or wife, or other relative, the words enclosed by [] should be omitted and at the end of paragraph 3 the following para. graph should be inserted, to wit: "4. That the undersigned is the husband (or wife or relative) of said James Doe."

who upon giving a probate bond shall have charge of his person and estate, pursuant to the statute.

Dated at Winchester, in said district, this tenth day of June, A. D. 1899.

Samuel Short.

William West.
Leonard A. Ford.

Form No. 11138.1

}

In the matter of James Doe, In Chancery.

an insane person.

Kent County, ss.

To the Chancellor of the State of Delaware:

The petition of John Doe of Dover, the son of James Doe, respectfully represents:

That the writ of insanity heretofore issued out of this court, directed to John Lynch, Esq., sheriff of Kent county, to inquire of the insanity of the said James Doe, has been duly executed and returned by the said sheriff. And that from the inquisition annexed to the said writ and returned therew th, it appears that the jury have found that the said James Doe is an idiot (or is a lunatic and of unsound mind and does not enjoy lucid intervals or is a lunatic and of unsound mind with lucid intervals), so that he is incapable of the government of himself or the management of his estate, as by the said inquisition will more fully appear.

Your petitioner therefore prays that he may be appointed a trustee for the said James Doe, to take charge of him and manage his estate upon his giving security for the faithful discharge of his duties as such trustee according to the statute in that behalf; and for such other or further relief in the premises as shall be necessary and proper.

John Doe.

Form No. II139.

(Precedent in Thompson v. Hall, 77 Me. 161.)2

To the honorable judge of the probate court for the county of Sagadahoc, next to be holden at Bath, on the first Tuesday of January, A. D. 1882.

Joseph M. Trott respectfully represents that he is a friend of Frances J. G. Thompson of said Bath, who has been adjudged by the honorable court to be of unsound mind, and incompetent to manage her own affairs, or to protect her rights, and that Orville A. Robinson, who was appointed guardian of the said Frances, has refused to qualify for said trust.

Wherefore he prays that letters of guardianship may issue to Isaac P. Tibbetts, of Topsham, in said county, he being a suitable person to act as guardian aforesaid.

1. Delaware. - Rev. Stat. (1893). p. 381, c. 49, § 1. See also statutes cited supra, note I, p. 62.

Joseph M. Trott.

Form No. II 140.

(Precedent in Norton v. Sherman, 58 Mich. 550.)1

[State of Michigan, ) County of Cass.

}

SS. Probate Court for said County.

To Norman Geddes, Judge of Probate for said county.

In the matter of appointing a guardian of Elias B. Sherman, an alleged incompetent person.

Your petitioners, Edna Celia Norton, Frank L. Jones, and John Tietsort, would respectfully represent to the court that they are residents of the village of Cassopolis, in said county and state, and are respectively, daughter, grandson, and son-in-law of said Elias B. Sherman.]2

Your petitioners further represent unto said court that the said Elias B. Sherman is of the age of eighty-one years, and is feeble and infirm, and is an inhabitant of said county, residing at the village of Cassopolis, in said county and state, and is possessed of real estate and personal estate situated and being in said Cass county, and the estimated value of the personal estate, including money, bank stock and notes, is about the sum of twenty-five hundred dollars, as petitioners believe, and the estimated value of the real estate is the sum of twenty thousand dollars or thereabout, as your petitioners are informed and verily believe.

Your petitioners further represent that it is necessary that a guardian be appointed of the person and estate of the said Elias B. Sherman, for the following specific reasons: Because the said Elias B. Sherman, by reason of extreme old age and other causes, is now mentally incompetent to have the charge and management of his property, and has been mentally incompetent for some time past.

Your petitioners further represent that the names of the next of kin3 of the said Elias B. Sherman, and other persons interested in said estate, as your petitioners are informed and believe, are as follows: Mrs. Edna Celia Norton, a daughter; J. Silverman Sherman, a son, both residing at Cassopolis, Michigan, Frank L. Jones and Carrol S. Jones, both grandsons, and both residing at Marcellus, in said County: Mary Blanche Goucher, residing at Clay Center, Kansas; Ellen N. Graham, residing at Cassopolis; and Florence M. Tietsort, residing at Cassopolis; the last three named aforesaid being daughters of the aforesaid John Tietsort, and granddaughters of the said Elias B.

Sherman.

Your petitioners therefore pray that a day be fixed for hearing this petition, and that a citation issue, to be personally served upon said Elias B. Sherman and upon some one of his nearest relatives, not less than fourteen days before the return-day thereof, requiring them

1. Michigan. How. Anno. Stat. (182), 6314. See also statutes cited sura, note I, p. 62.

Precedents. See also similar forms in Howe v. North, 69 Mich. 272; Matter of Myers, 73 Mich. 401.

2. The matter enclosed by [] will not be found in the reported case. 10 E. of F. P. — 5.

-

65

3. Next of Kin. - The petition must show who are the next of kin of the incompetent person who will be affected by the action sought to be taken, and this will include the presumptive heirs at law. If this is omitted, it does not confer jurisdiction. Matter of Myers, 73 Mich. 401. Volume 10.

to appear and show cause, if any, why a guardian should not be appointed as aforesaid after a full hearing and examination in the premises, and that Joel Cowgill, residing at Cassopolis, Mich., may be appointed guardian of the person and estate of him, the said Elias B. Sherman, according to the provisions of the statutes in such case made and provided.

Dated this 16th day of March, A. D. 1885.

[Edna Celia Norton.

Frank L. Jones.

John Tietsort.

State of Michigan,
County of Cass.

SS.

On this, the sixteenth day of March, 1885, before me personally came John Tietsort and made oath that he has read the foregoing petition by him subscribed and knows the contents thereof and that

the same is true.

State of Minnesota,

Norman Geddes, Judge of Probate. ]1 Form No. II 14 1.2

County of Ramsey.ss. In Probate Court.

To the Probate Court in and for said County:

The petition of John Doe of the city of St. Paul in said county, respectfully shows that James Doe of the county of Ramsey and state of Minnesota, was, on the sixth day of June, A. D. 1899, found to be insane by the Probate Court of the county of Ramsey, and duly committed to the Hospital for the Insane at Rochester in said state of Minnesota, and is now confined in said hospital. That said James Doe has personal property in said Ramsey county of the probable value of twenty thousand dollars, and real estate in said Ramsey county, the annual income from which does not exceed the sum of ten thousand dollars, as this petitioner is informed and believes. That by reason of such insanity the said James Doe is incompetent to have the charge and management of his property. That the petitioner is the brother of said James Doe.

Your petitioner therefore prays that Nathan Hale of said Ramsey county be appoined guardian of the person and estate of said James Doe.

Dated the sixth day of July, A. D. 1899.

John Doc.

Bergen County Orphans Court.

In the matter of the lunacy of Frederick F. Harral,

lunatic.

In Lunacy.

Petition for appointment of Guardian.

To the Judges of the Orphans Court of the County of Bergen:

1. The matter enclosed by [] will not be found in the reported case.

2. Minnesota. Stat. (1894), § 4549. See also statutes cited supra, note 1,

P. 62.

3. New Jersey. Gen. Stat. (1895), p. 1696, § 1. See also statutes cited supra, note I, p. 62.