case progers against frasier in the court of chancery the king may grant the  custody and guardianship of a idiot to a man his executor administrator and  assign during the life of the idiot SC Eq Abr SC Ch Cas SC Mod SC vern SC skin  the king grant the custody and guardianship of a idiot to sir Alexander  Frasier and his assign for year if the idiot shall live so long sir Alexander  die a car raym lev side keb keb b Mod keb c if no special visitor be appoint  by the founder of a private eleemosynary lie corporation the right of  visitation in default of his heir devolve upon the king to be exercise by his  great seal and therefore the court refuse to interfere by mandamus to compel  the master and fellow of saint Catherine hall in Cambridge to declare one of  their fellowship vacant and to proceed to a new election king v saint  Catherine hall term Rep d a visitor can refuse to exercise his visitorial  power and therefore the court will grant a mandamus to compel he to hear a  appeal and to give some judgement king v bishop of Lincoln term Rep notorious  facts e the return be allow by all the court SC Jones shower KB er p the  question be whether this shall go to the executor or the guardianship be  commit anew it be urge for progers the committee that a office can be grant  for year upon sir George reynolds case   and Lentalls case cro car it be urge  on the other side for madam Frasier the executrix that here be a interest and  no public trust and that case of a office have be deny to be law by my Lord  hale upon the reason even of the book and so rule in the case of deal v prior  in the exchequer when he be Lord chief baron that the office of the policy of  assurance be hold grantable for year upon solemn debate and consideration and  Lord hale say the true reason of sir George reynold case be the custom of its  be grant in fee finch Lord chancellor I be of hale opinion that a office may  be grant for year for the same inconvenience attend a fee and a person unknown  and unfit as infant or feme covert may happen to have the same under a estate  of inheritance but here it be a branch of the king prerogative and a great  branch too it be part of that protection which he owe to his subject and here  this guardianship may have be in suspense and so a failure of that protection  for it be easy supposable that there may be a contest about the executorship  and administration and none perhaps grant to this day and then what will have  become of the idiot in the mean time and therefore he overrule the plea which  madam Frasier have put in to the bill which progers have a new grant of the  custody have bring there but say that Progerss title be have too be ground  upon a inquisition that shower KB be nought a and on that he will have dismiss  the bill but at last order the party to be bring into court b note the  inquisition say she become so per visit God and Mr attorney general say the  fact be that it be a fine child till eight year of age and consequent not a  idiot but a lunatic and the guardian Accountable on which the Lord chancellor  say that no such committee shall get sixpence by a lunatic save for food cloth  and physic they shall daily account before a master and the overplus be place  out on security where the administrator of the lunatic may know how to find it  c