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Decisions of the Superior Courts of New South Wales, 1788-1899

In re Lindsay [1835] NSWSupC 17

lunacy - death, proof of - succession

Supreme Court of New South Wales

In banco, 7 March 1835

Source: Sydney Herald, 12 March 1835

Mr. Kerr moved in the matters of William Lindsay, a gentleman, who resided at Petersham, but who under aberration of mind had strayed away about two months ago, and not having been seen since heard of by his friends, it was suspected he had destroyed himself, that citation, issue, and letter of administration be granted to one Abel Salter, first cousin of the said William Lindsay; there was a quantity of goods now on board the Lonach addressed to the unfortunate gentleman, and it was necessary that some person be authorised to take possession of them.  The supposed deceased had left a will in the hands of William Dawes, Esq.  The Court enquired if it was the general impression that he was dead, and if any pains had been taken to ascertain the fact.  Mr. Kerr replied in the affirmative; the opinion of his friends was that he had destroyed himself.  He had made attempts on his life on former occasions under aberration of mind; there could be no doubt of his death.  The Court granted the motion.

Published by the Division of Law, Macquarie University