ambler case ex part marchioness of Annandale Lincoln inn hall Dec see in re  gist Ch d Att gentleman v marquis of ailesbury Q b d Q whether stat g r c  extend to lunatic at large or confine to such of who the custody have be grant  under the great seal where one declare a lunatic at hamburg and a curator  appoint there Lord Hardwicke c order both the lunatic and the curator to join  in the conveyance on the petition of the marchioness of Annandale be hear Lord  Hardwicke c mention two case of Otto Lewis and of sir Cecil Wyche in which  there be make two question upon stat Geo c which empower lunatic or their  committee to make conveyance saint whether the statute extend only to lunatic  of who the custody have be grant by Lord chancellor or to lunatic at large  that it extend to lunatic at large be argue from the word of the statute which  mention the conveyance to be make by the lunatic or his committee and that it  be reasonable it shall be so otherwise a mortgagee will be under a necessity  of procure a commission of lunacy and go through all the step if the lunatic  relation be poor and can not do it though his mortgage be but small or he can  have no conveyance d whether as Otto Lewis be declare a lunatic at hamburg and  a curator be appoint there the statute extend to such as be so commit by any  court abroad ambler er p the court take it up on both there be no opposition  and order a conveyance to be make both by the lunatic and by his curator the  principal case on the petition be the late marquis of Annandale marry the  daughter of Vandebendy who devise pound to be lie out in land in England and  settle on the marquis c and on his issue male c with reversion to the right  heir of his daughter on the death of the late marquis his estate in Scotland  come to the present marquis his son great encumber and it be think to be more  beneficial and so decree that the money shall be apply until lie out in land  pursuant to the will in discharge of the encumbrance on the ambler Scotch  estate some part be so apply but the marquis be a infant a act of parliament  be obtain for that purpose by which the trustee be empower to lend the money  on the Scotch estate till the marquis attain the time of his age under the  will the marquis afterward become lunatic and so continue the marchioness of  Annandale now petition that the money may be call in and lie out on land in  England upon the trust of the will and that the interest accrue due after  contribute together with the other estate to the maintenance of the marquis  may be consider as money in England and go to such person as will be entitle  to it by the statute of distribution after the marquis death in case he shall  not recover his sense on the other side lady Hopton who by the law of Scotland  will be entitle to the money if continue on Scotch security as next of kin ex  part of a father who be there always prefer to those ex part of a mother  insist and it be argue on her behalf that the profit and interest be in the  disposition of the marquis at and by his not recall the money at that time he  confirm the act of the trustee who lend it on the Scotch estate and add pound  more to it Lord Hardwicke c in case of lunacy the first care of the court be  the maintenance of the lunatic and after that it be a rule never depart from  not to vary or change the property of the lunatic so as to affect any  alteration as to the succession to it ex part Grimston post and note the court  order the money to be lend on the Scotch estate for the conveniency of the  lunatic and his family the court will not now make any difference but keep to  the rule on the part of the petition several case be cite to show what  authority have be exercise by Lord chancellor in case of lunacy where the  person be local within the process of the court though his estate be not in  annesley ante case the custody of his person and estate be grant under the  great seal though several of his estate ambler be in Ireland morrison case c  cite bro c c in note suit for debt in Scotland by a committee appoint under  the great seal here and object that he be not proper appoint in Scotland and  so can not recover on application to Lord chancellor leave be give for the  committee to sue in Scotland in the lunatic name and that the lunatic shall  execute a proxy to save form in the presence of his committee who shall attest  it lady mar case she be a lunatic but not find so then and entitle to a  jointure of pound ayear out of her husband Scotch estate Erskine her husband  near relation be carry her to Scotland but on application to Lord king he send  a messenger and stop her at saint Alban and order a commission of lunacy to be  take out by lady mary Wortley and the rend of the estate to be remit hit her  it do not extend to the former ex part Gillam Ves jun ex part peacock cite ib  but stat Geo c be hold to extend to trustee of unsound mind though no  commission have issue sims v Naylor Ves the above mention stats g and Geo be  both repeal by stat g c which give the court of chancery power before  inquisition to appoint a person to convey or transfer in place of the lunatic  see case in last note but a lunatic abroad under a judicial proceed there in  nature of a commission of lunacy be not within stat Geo c Sylva v dam Costa  Ves see Geo c in the matter of Houstoun Russ it be hold that where a person  find lunatic in Jamaica his property be situate there come to England a  commission ought to issue against he here ambler er p