Sir Alexander Fraster's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | High Court of Chancery |
English Reports Citation: 90 E.R. 2
IN CHANCERY.
5. sir alexander frasier's case in chancery. The King granted the custody, tuition, government, &c. of the body of an ideot, and the care, disposition, &c. of the profits of his lands to Sir Alexander Fraaier, his executors, administrators, or assigns, during the ideocy, &c. Q. If his executors or assigns shall have it? Argued, that if you consider the person 'tis grantable, be it prisoner in war, villain, &c. So likewise the estate, that here the King hath not a freehold, but only a chattel in the lands; and that the trust is coupled with an interest, which the King hath granted wholly out of him. His interest is during the ideocy, which he hath granted during the ideocy, that this case differs nothing from a wardship, which the King might grant over to another; and that shall be a chattel in him, and go to his executors : they say here is no skill required, but only to provide necessaries for the ideot and his family, and to repair his houses, &c. and that the better your ideot is- SKINNER, B. TERM. MICH. 33 CAR. 2. R. B. 3 provided for, the longer he will live; and so the well performing the duty is the interest of him who is to perform it. And Wallop said, that though by a grant of the care, &c. in general words, it should not go to assigns; yet when assigns are named it shall, and cited 11 E, 4, 1, and the case of Squib and Coming adjudged in the Exchequer for a teller's place there, pursuant to 11 E. 4. So here; Sollicitor Finch argued econtra, after taking the differences between ideot and lunaticks as to the property, he said as to the care and protection which the King had over them, they were alike; and said, that if the King granted a lunatick to one and his executors, no one would question but it determined with the death of the grantee; and he said in this case of an ideot, that the land should not go to executors, &c. and the custody be...
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