White v. Palmer

A letter of guardianship of a non compos, issued after the inquisition required by the statute, is prima fade evidence that the ward was not of sound mind. [ Qticere, if it be not conclusive. — Ed.]

This was a writ of error, brought in the county of Middlesex, to reverse a judgment of the Court of Common Pleas for that county, rendered in June, 1805, in favor of the defendant in error against the plaintiff’s testator. The error assigned was, that the said Grimes, at the time of the rendition of the said judgment, was non compos mentis, and incapable of taking care of himself, and that the said Ebenezer White and Samuel Hall had, long before the teste of the writ upon which the said judgment was rendered, been duly and legally appointed guardians to him, the said Grimes, and, from the time of their said appointment to the death of the said Grimes, continued to [*148] be his legal guardians. * Nevertheless, the said White and Hall, or either of them, had never any'knowledge or privity of or in said suit or process, until after the rendition of said judgment. The issue joined by the parties, viz., whether James Grimes was of sound mind on the Monday preceding the first Tuesday of June, 1805, the time when the Court was holden, at which the judgment complained of was rendered, was tried before the Chief Justice, at the sittings in Cambridge after the last October term ; and the cause being continued nisi, the Chief Justice reported the evidence at this term as follows: — “ The plaintiff in error, to prove that the said Grimes was not of sound mind at the time mentioned, produced several witnesses, from whose testimony on oath it appeared that the said Grimes died about two months after the rendition of the said judgment, aged ninety-four years ; that, for about two years before his death, he had been worn out with age, and had undertaken to transact no business whatever; that, in disposing of any property, leasing his land, and in making any contracts, he called the assistance of his neighbors, by whose judgment he acted ; and that his appearance was that of a man who had lost his mind and become childish. One witness testified that within that time he was sued by the town of Goshen, for the maintenance of a grandchild, and the witness told him he had a good defence, and endeavored to persuade him to defend the suit, but he could not prevail; Grimes saying that he knew all about it, and that the town could recover nothing; and he suffered judgment against himself by default for one hundred and seventy dollars. But no particular act of childishness or insanity, unless resulting from the foregoing testimony, was proved.” “The plaintiff in error further offered in evidence a letter of guardianship, granted in due form of law by the judge of probate for the county of Middlesex, and dated one day before the defendant’s action was commenced, appointing Samuel Hall and Ebeneze* White guardians of the said Grimes, who had been legally determined by the said judge to be a person non compos mentis, agreeably to the statute in such case provided ; which letter was objected to [*149 ] as legal * evidence by the defendant in error ; but I overruled the objection, and permitted it to be read to the jury.” “ The defendant in error produced no evidence; and I left the cause to the jury, to find the said issue upon the whole of the evidence aforesaid, who found their verdict for the plaintiff in error The defendant in error moved for a new trial, because I permitted the said letter of guardianship to be read in evidence to the jury.”