case ex part ludlow Lord chancellor king Eq can ab pl Mr Ludlow late a bencher  of the temple have a daughter Elizabeth who be find a lunatic and be seize of  a real estate of near pound per annum and possess of a personal estate amount  to about pound by will make his sister mrs Bathurst executrix and residuary  legatee in case his daughter shall not recover from her lunacy but if she do  then the daughter to be executrix and residuary legatee and to remain under  the care of mrs Bathurst during the continuance of her insanity of mind  afterward mrs Bathurst make her will appoint thereby one Robert bog of doctor  Commons her executor and residuary legatee and devise as far as in her lie the  custody of her niece the lunatic to the say Mr bog who have prove the will and  under colour thereof get the lunatic under his care petition the court for the  custody of the person peer William on the other hand Henry Strangeways who be  cousin of the lunatic videlicet the lunatic grandfather sister second grandson  petition for the custody of the person as do also mrs rakehell master who be  another second cousin of the lunatic videlicet the lunatic grandfather young  sister granddaughter and sister of sir Harcourt master saint for Mr bog it be  insist that though the devise of mrs Bathurst the aunt be not good in law yet  it may amount to a recommendation of he to the court by one who as she be a  near relation and herself entrust with the care of the lunatic by her own  father must be suppose best to know the lunatic and such recommendation will  be of weight with the court that mrs Bathurst be the father executrix stand in  his place consequent it be as the father own appointment more especial when  the other two competitor be not unexceptionable for as it be a exception to  the heir that he shall not be entrust with the custody of the person since he  be to be a gainer of the real estate by the death of the lunatic so these two  competitor be two of the next of kin will on her death come in for a share of  the personal estate under the statute of distribution the value of which may  happen to be more than that of the land or at least suppose the personal  estate be to increase by the continuance of the lunatic life it be their  interest however that her lunacy shall continue and she remain incapable of  make a will peer William er p dly for Mr Strangeways it be allege that he be a  housekeeper a person of a very fair character and several affidavit be read  prove the great like and affection peer William which the lunatic take to her  cousin Strangeways and the great dislike and aversion she have to mrs master  which arise as be conceive from her brother sir Harcourt master one of the  director of the Southsea in have draw in the lunatic father to put his  substance into the Southsea where a great part of it be lose and that  thereupon it have be the usual expression of the father that sir Harcourt  master have draw he into a secret but take this in the best sense even suppose  sir Harcourt do not by any indirect mean induce the father to be a adventurer  in the Southsea yet if upon this or any other though a groundless occasion the  lunatic have entertain such think and she plain appear to be uneasy when in  the custody of any of the family of the master and rave become much disorder  at the sight of they all this will be regard by the court which will use its  endeavour to make these unfortunate person as easy as possible and several  affidavit be read prove that whenever Mr Strangeways appear the lunatic though  before in her furious fit will on a sudden grow calm wherefore as commit her  to the care of Strangeways may facilitate her cure or make her more easy under  the continuance of her distemper so the place her with one for who she have a  aversion may it be say prevent her cure or retard it and make her more uneasy  in the meantime dly on behalf of mrs master affidavit be produce show that the  lunatic expression of aversion to the family peer William of the master be  only in her rave fit at which time she will use all her relation alike ill  Lord chancellor as to the will of mrs Bathurst devise the custody of her niece  to Mr bog it be absolute void the father himself can not make such a will  though he may dispose of the guardianship of his child till twentyone yet  after that age which be the present case he have no such power and take the  will out of the case Mr bog be no relation be as a mere stranger consequent  against the near relation of the lunatic he can have no pretence of claim to  the custody of the person it be true when the party seek the custody of the  lunatic person have be heir at law or next entitle to the real estate after  the lunatic death this have prevail as a objection though much more  considerable former than of late see Mr justice dorm case ante but the be next  of kin so as to be entitle to a share of the personal estate of the lunatic be  no objection see neal case ante nor do I remember it ever to have prevail for  the personal estate in all probability will increase by the continuance of the  lunatic life consequent it must be for the advantage of the committee to  preserve such life and to be more careful and tender of it in the present case  the degree of relation be equal which may seem to entitle both the competitor  but as I have find by experience that grant the commitment to two have be  attend with inconvenience by occasion suit and put the estate to great expense  this objection be not now attend to Collinson on lunacy I vol and appendix  passim and since mrs master be of the same sex may probable better know how to  take care of the lunatic and in this respect be more tender of her let the  custody of the lunatic person be grant to her second cousin mrs master in  preference to her other second cousin Mr Strangeways