case Francis Sheldon Esq v Mr justice fortescue aland et all Lord chancellor  king Eq can ab pl pl the court allow the profit of the lunatic estate to the  committee for the maintenance of his person the lunatic die his administrator  bring a bill for a account of these profit the defendant the committee plead  this order of court of the allowance of the profit for the lunatic maintenance  the plea order to stand for a answer but the court declare they will not  relieve in such case without gross fraud a bill be bring by the administrator  of sir William dorm Bart a lunatic against the administrator of Mr justice  dorm to have a account of the personal estate and of the rend and profit of  the real estate of the lunatic receive inhis lifetime by Mr justice dorm who  be the committee of the lunatic estate show that sir William dorm be seize in  fee of diverse manor and land in the county of buck and Gloucester of pound  per annum and possess of a considerable personal estate and in become and be  by inquisition find a lunatic and that the custody of his estate be grant to  Mr justice dorm and that of his person peer William to sir Robert Jenkinson  the bill be also to be relieve against and to set aside several order of the  court of chancery whereby it be order that Mr justice dorm shall be allow the  rend and profit of the lunatic estate for the maintenance of the lunatic  person and the care and management of his estate to which purpose the bill set  forth that after the inquisition find to the end the court may judge what be a  proper allowance for the maintenance of the lunatic it be direct that the  master shall look into the value of the estate and the encumbrance thereon  that pursuant to such order the master make a report of the yearly value of  the estate and the charge of the physician attend the lunatic and the  disbursement of Mr justice dorm relate to the estate and this account be sign  by Mr Sheldon who marry the sister and next presumptive heir of the lunatic  that thereupon the Lord summer by order of the that of June with the consent  of the say Mr Sheldon order that the profit of the lunatic estate shall be  allow to Mr justice dorm for the maintenance of the lunatic and the care and  management of his estate deduct only pound per annum thereout for the pay off  encumbrance upon the estate and which in fact have since be pay off that the  last order have be continue or revive upon every demise of the crown and by  the succeed Lord chancellor or Lord keeper of the great seal for the time be  and the bill further show that Mr justice dorm and the lunatic sister Susannah  the wife of Sheldon seven day before the make of the abovementioned order by  the Lord summer videlicet on the that day of June do enter into article  whereby Sheldon covenant for himself his wife and his child bear or to be bear  that they will be peer William aid peer William er p to the judge who shall  have the Buckinghamshire estate allow to he for the maintenance of the lunatic  and be permit to take up his bind which he have give to account and Mr justice  dorm covenant that he will be aid and assist to Sheldon and his wife who be to  have the Gloucestershire estate of the lunatic without account save only that  out of the profit thereof a debt of pound on the Gloucestershire estate shall  be pay off the defendant Mr justice fortescue and his lady plead that king  William and queen mary by virtue of their undoubted prerogative by their royal  sign manual direct to sir John summer knight then Lord keeper of the great  seal of England recite that the care of idiot and lunatic do of right belong  to the grow do grant to the say sir John summer full power and authority  without any further warrant to give order and direction for prepare of grant  for the custody or commitment of the estate or person of lunatic or idiot  accord to the rule of law and the use and practice in like case as he shall  judge meet they then plead that sir William dorm be by inquisition find a  lunatic and the inquisition return into the petty bag and they plead the  several order under the several Lord chancellor and Lord keeper for the time  be upon every demise of the crown whereby the custody of the estate of the  lunatic be commit to Mr justice dorm and the order whereby the master be to  take a account of the estate of the lunatic and of its encumbrance and the  master report thereupon and in particular the order of the that of June make  by the Lord summer by the peer William consent of Mr Sheldon that pound per  annum out of the estate shall be apply towards the payment of the encumbrance  affect the lunatic estate the residue to be allow towards the maintenance of  the lunatic and the management of his estate and likewise the several order  make by the great seal upon every demise of the crown for revive of the say  order of the that of June and the grant make under the royal sign manual upon  every demise of the crown to the then Lord chancellor or Lord keeper authorize  they respective to make grant and order for the custody of the person and  estate of lunatic and to act therein as they shall think fit all which grant  under the royal sign manual together with the report and the say successive  order the defendant plead in bar of such part of the bill as seek to compel  the defendant to account for the rend and profit of the lunatic estate or to  discharge the say order for the plea it be insist that this be a peculiar  jurisdiction of the great seal grant under the royal sign manual and in virtue  of the prerogative of the crown that these order be make by the Lord  chancellor or Lord keeper for the time be not as chancellor or keeper but by  authority of the sign manual and under this particular power and jurisdiction  and so not impeachable by bill to the Lord chancellor as Lord chancellor  beside that be it in the case of any order make by the Lord chancellor as Lord  chancellor nothing can be more incongruous than to bring a original bill to  set aside a order make by the court that the present bill be the less to be  countenance in that there have be so many order make by every succeed Lord  chancellor or Lord keeper upon every demise of the crown so that this order of  the that of June have obtain the sanction of many eminent and learned man who  have be successive in that great office that in the case of order make in  relation to lunatic the lord themselves will not hear any appeal but the same  must be make to the king in council of which there be a recent peer William  instance that where the commitment of a lunatic be grant the court do not so  much regard the benefit of his administrator as the wellbeing and comfort of  the lunatic himself so far as his estate will allow with a view that such  lunatic may live as easy as his unfortunate condition will admit of agreeable  to his circumstance in answer to which it be allege that the bill be bring to  set aside these order for the fraud and collusion by which they have be obtain  that this fraud and collusion sufficient appear by the article enter into by  peer William Mr justice dorm and Mr Sheldon but seven day before obtain the  order which article be conceal from the court and appear plain to have be for  share and divide the lunatic estate and that it be a most extraordinary thing  to give up Mr justice dorm bind for account that not only a interlocutory  order but a decree itself if gain by collusion may be and frequent have be set  aside even on a petition by the same reason that judgement in court of law  when obtain undue and by collusion be every day set aside on motion vide  Richmond v tayleur ante vol Lloyd v Mansell ante vol that the collusion of  grant in the present peer William er p case the custody of the person of the  lunatic to sir Robert Jenkinson be undeniable evident it be at the same time  well know and what must be admit that the lunatic be in fact never in the  custody of any other person than of Mr justice dorm vol that a bill for a  account as well lie against the committee of a estate of a lunatic as against  the assignee of the estate of a bankrupt that the present bit be the more  proper because till the death of the lunatic no person have a right to any  part of the lunatic estate nor be consequent entitle to bring such bill that  the subsequent order make for commit the lunatic estate to Mr justice dorm  subject to account and his give security accord be a tacit waiver of any  former order by which he may apprehend himself to be a committee without  account nay that a grant by the great seal of the custody of the estate of a  lunatic not a idiot without account will be void in itself so if such grant be  make to the use of the grantee Interrog  the lunatic shall continue a lunatic  this be void void more frances case and hob for it be contrary to the trust  which the law repose in the crown and in all such case peer William the king  be take to be deceive in his grant that in the case of a lunatic who to  rejoice elucidate interval the law do not despair but take notice of a  possibility at least if not a probability of his recovery and therefore  provide that against such time of his recovery whenever it shall fall out a  account shall be render to he and restitution make of his estate else the law  itself will be almost barbarous and add affliction to affliction that suppose  the lunatic himself have recover and bring a bill for a account he must have  have it and sure his administrator have the very same right Lord chancellor I  do not see any fraud in Mr justice dorm have obtain this order of the that of  June or that the court be surprise in it there appear to have be be order of  court to refer it to the master to see what be the lunatic estate and how  encumber pursuant to which a report be make neither have I be able to discover  any fraud in Mr justice dorm have get up his bind then suppose this to be so  where such old have be make for the allowance of the profit of the estate of  the lunatic towards his maintenance and this so often renew by the Lord  chancellor and Lord keeper for the time be by which it be reasonable to  suppose the committee to have be induce to take the less care of the account  it will be extreme hard unless some great fraud be make to appear to oblige  such committee and much more his executor or administrator to account or  refund I admit the king or the great seal can grant a lunatic estate without  account but as the Lord chancellor may make what allowance he please for the  maintenance of the lunatic so suppose the estate to be peer William pound per  annum or pound and in the case of a baronet as the present case be the court  may allow as great a salary as the income of the estate amount to in some case  where the income be very narrow the whole may be little enough now this be a  difference in form only that the allowance of the whole profit in express term  be not good but the allowance of such a yearly salary as amount to the whole  yearly profit be good it be not reasonable such a mistake in form shall  subject the committee or his representative to account for or refund what have  be receive under the commitment Mr justice dorm do not seem to have waive the  benefit of these order for his allowance on account of maintenance by have  accept the subsequent order for the commitment of the lunatic estate on his  submit to give security to account or by have actual enter into such security  because this be necessary incident to such committeeships I admit even a  decree much more a interlocutory order if gain by collusion maybe set aside on  a petition a strong may the same be set aside by bill the principal case seem  to be very hard on the defendant side but let the plea stand for a answer  without liberty to except see more of this case ante vol the follow extract  have be take from the lord journal die March Feb the house accord to order  proceed to take into consideration the petition and appeal of William Pitt  esquire and Samuel Pitt merchant complain of two order make by the Lord  chancellor the d of December and that of January last grant the custody of the  person of Samuel Pitt a lunatic the appellant uncle as in the appeal be  mention and pray that the say order may be reverse and the say appeal be read  by the clerk notice be take in the house that the custody of idiot and lunatic  be in the power of the king who may delegate the same peer William er p to  such person as he shall think fit whereupon the Lord chancellor produce a  paper write under his majesty royal sign manual entrust his lordship with the  care and commitment of the custody of idiot and lunatic and of their person  and estate and the same be read by the clerk it be move that the before  mention appeal of the say William Pitt and Samuel Pitt may be receive and  after long debate and read the statute of the that of king Edward the second  de prerogative king of idiot cap and the question be put whether this appeal  shall be receive it be resolve in the negative Ashley Cowper Cler Parliamentor  in consequence of the above resolution a appeal be bring before the king in  council where after some debate touch the jurisdiction the matter of the  appeal be hear and determine may so Rochfort v earl of Ely bro p c bro p and  ed Oxenden v Lord Compton Ves Jun it appear from the register book that on  motion it be allege that the matter in difference be compromise it be  therefore pray that the plaintiff bill may stand dismiss without cost which on  hear counsel for the defendant who consent thereto be order accord Feb the  custody of a lunatic may be grant to a feme covert though she be not Himself  law but under the power of her husband by the Lord Parker et part Kingsmill  Michaelmas one through a great age be deprive of his memory and become almost  non compos chin be admit to answer by his guardian see Mitford in d edition  levinz v Caverly Prec in Charles Eq can ab Wilson v grace Ves in regard the  demand in question be but small but have the value be considerable the regular  way have be to have take out a commission of lunacy and have get a committee  assign by the Lord Talbot Michaelmas Anonymous