[lunacy, accounts – infancy, accounts]

In re Johnstone

Supreme Court of New South Wales

Dowling C.J., 21 February 1842

Source: Sydney Herald, 25 February 1842 [1]

THE Master's Report of the Accounts of Committees and Receivers of Estates, under the Supreme Court, was brought up on Tuesday, and His Honor the Chief Justice ordered the same to be read in open Court, as follows:  

In the Supreme Court of New South Wales — (in Equity.)

            In matters of the Committees of persons and estates of lunatics, and of the receivers of the real estates, under the care of the Supreme Court.

To the Hon. Sir James Dowling, Knight, Chief Justice.

            By an order made by this court in the third Term 1841, It is ordered that the guardians of the estates and persons of infants, wards, of this Court, and the committees of the persons and estates of lunatics, and the receivers of the rents and profits of the estates under the care of this Court, do dually and annually pass their accounts before the Master in Equity of this Court, and do pay what they receive according to the terms of the orders under which they are appointed. And that the Master in Equity do, upon the first day of the first term, in the year 1842 — and upon the first day of the first term in every succeeding year, certify to the Equity Judge of this Court, for the time being, the state of several guardians, committees, and receivers' accounts, in his office; and also to state the names of the respective guardians, committees, and receivers, who have neglected to pass their accounts within the year; and also the names of the sureties of such respective guardians, committees, and   receivers, who shall have so neglected to pass their respective accounts within the period aforesaid, in order that your Honor may direct proceedings to be taken against the said respective parties to compel obedience to the said orders.

            In obedience to the said order, I have the honour to report to report that the following are the suits in lunacy at present subsisting in this Court, viz:

In the matter of James Birmie, a lunatic

In the matter of Esther Johnstone, a lunatic

In the matter of Francis Oakes, a lunatic

In the matter of Jane Ann Inch, a lunatic

IN THE MATTER OF ESTHER JOHNSTONE, A LUNATIC.

I have the honour to report that the said Esther Johnstone was under a commission, duly executed, declared a lunatic on the 17th day of March, 1829. That by the report of the Master, Robert Johnstone, of Annandale, was recommended to be the committee of the estate of the said lunatic.; that by an order of this court dated the 13th day of May, 1829, the said Robert Johnstone was confirmed as committee of the estates of the said lunatic, Esther Johnstone; that no account of the proceeds of the real and personal estates of the said lunatic was ever brought into this office by the committee until the 7th of January, 1842; that on the 7th day of January, 1842, the said Robert Johnstone, the committee, brought in his account from the 16th March, 1880, to 17th March, 1841, and duly passed and verified the same before me : that on the balance of the said account there now remains in the hands of the said committee, the sum £ 8 12s. 8d. which sum I have directed to be paid into this Court, to the credit of this suit, on or before the 1st day of March, 1842.

IN THE MATTER OF FRANCIS OAKES, A LUNATIC.

I have the honour to report, that the said Francis Oakes was, under a commission duly executed, declared a lunatic on the 28th of September, 1840. That by an order of this Court, dated 12th March, 1841, George Oakes, the eldest son of the said Francis Oakes, the lunatic, was confirmed as committee of the real estates of the said lunatic, Francis Oakes. That the said George Oakes, the committee of the said lunatic, on the 1st Nov., 1841, brought in his first account, being from the 1st day of October, 1841, and the sums were regularly passed and verified before me on the 20th January, 1842. That on the balance of the said accounts there now remains in the hands of the said committee the sum of   £ 76 14s. 10d. ; which sum I have directed to be paid into this Court to the credit of this suit, on or before the 1st day of March, 1842. That the custody of the person and personal estate of the said Francis Oakes, the lunatic, was by certain letters patent, dated the 3rd day of July, 1841, granted to his widow, Rebecca Oakes, his eldest son, George Oakes, and his youngest son, Francis Oakes. That the said committees, Rebecca Oakes, George Oakes, and Francis Oakes, on the 1st day of November, 1841, brought in their first account of the personal estate of the said lunatic, from the 1st day of October, 1840, to the 1st October, 1841, and the sums were regularly passed and verified before me on the 1st December, 1841. That on the balance of the said accounts there now remains in the hands of the said committees the sum of   £779 11s. 3 ½ d., which sum I have directed to be paid into this Court to the credit of this matter on or before the first day of March, 1842.        

Notes

[1] See also Australian, 26 February 1842.   The Sydney Herald also gave similar details of the accounts of other lunatics and of an infant, Francis Little; and see a further case in Sydney Herald, 1 March 1842.