Ellen Tayler, a Person of Unsound Mind; and The Trusts of the Annuity of Ellen Tayler; and The Trustee Act, 1850
| Jurisdiction | England & Wales |
| Judgment Date | 24 July 1861 |
| Date | 24 July 1861 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 570
BEFORE THE LORDS JUSTICES.
See In re Grimmett's Trusts, 1887, 56 L. J. Ch. 420.
570 IN BE TAYLEE 2DE 0. F. & J. 128. [125] In the Matter of ellen tayler, a Person of Unsound Mind; and In the Matter of the trusts of the annuity of ellen tayler ; and In the Matter of the trustee act, 1850. Before the Lords Justices. July 24, 1861. [See In re Grimmetfs Trusts, 1887, 56 L. J. Ch. 420.] An order cannot be made for the maintenance of a lunatic not found so by inquisition, unless proceedings have been taken for placing the property under the administration of the Court of Chancery. The Petitioner, Ellen Tayler, was a person of unsound mind, but had never been found so by inquisition, as she had not property sufficient to pay the expenses of a commission. In 1823 she was placed in a lunatic asylum, where she had ever since remained. Qn the 19th of October 1831, J. N. Tayler granted by deed to John Slade, his executors, administrators and assigns, two annuities of £40 each, issuing out of certain lands, in trust for Ellen Tayler and another person since deceased, for their respective lives; and by the same [126] deed he granted the lands to Slade in fee, upon trust for better securing the annuities, and subject thereto for the grantor in fee. Slade during his life received Miss Tayler's annuity, and applied it for her maintenance. He died intestate in 1855, and from that time the annuity had not been received. Dr. Finch, who had succeeded to the management of the asylum in 1858, continued to maintain Miss Tayler there, though for some years he had received no payment whatever for her maintenance, and there was due to him an arrear of £485. She had no relatives who in any way interested themselves about her. Under these circumstances this petition was presented by Miss Tayler by Dr. Finch as her next friend, praying, firstly, that Dr. Finch might be appointed the trustee of the deed of 1831 in the room of Slade, and that an order might be made vesting the annuity, arrears, and right to sue, and the lands, in him; and, secondly, that he might be authorized to retain the arrears of the...
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