Note 493 — OF IDIOTS AND LUNATICS.

Where it is among other things laid down that mere weakness of mind only is not a sufficient reason for granting the custody of the person and of his estate. The cupidity of relations is too apt to magnify indiscretion, eccentricity, and more particularly pecuniary extravagance into signs of madness; juries and commissioners cannot be too much on their guard against such modes of proof, lest one half of the world should lock up the other. The Romans committed prodigals to the custody of a guardian, as if they had been infants or madmen; but this is not the law of England.