Lunacy does not vacate mutt headship where the office is a corporation sole and vested rights remain intact.

The head of a mutt was treated as a juristic office akin to a corporation sole, with a beneficial life interest in the endowments. Lunacy merely suspended the incumbent's capacity to act; it did not divest the office or extinguish vested rights. In the absence of proof of any custom to the contrary, no vacancy arose in the headship when the plaintiff was appointed or when the suit was filed. Because no vacancy existed, the alleged nomination by another mutt head could not confer title or a valid right to the mutt, and the plaintiff's claim failed.

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Issues: Whether the head of a mutt loses his office and creates a vacancy on being adjudged a lunatic, and whether the plaintiff's appointment by another mutt's head could confer a valid right to the mutt.

Analysis: The office of the head of a mutt was treated as a juristic office akin to a corporation sole, not as an ordinary trust. The incumbent has a beneficial life interest in the endowments and lunacy merely suspends his ability to act; it does not divest his status or terminate his vested rights. In the absence of proof of any custom to the contrary, there was therefore no vacancy in the headship either when the plaintiff was appointed or when the suit was filed. As no vacancy existed, the alleged nomination could not operate to confer title to the mutt.

Conclusion: The issue was decided against the plaintiff. The Court held that lunacy did not vacate the office of head of the mutt and that the plaintiff acquired no right by the appointment relied upon.

Final Conclusion: The appeal failed because the incumbent remained the lawful head of the mutt despite lunacy, leaving no vacancy capable of being filled by the plaintiff's alleged appointment.

Ratio Decidendi: The head of a mutt is a corporation sole with vested status and rights in the office, so lunacy does not by itself vacate the office or authorise a new appointment in the absence of a custom or law creating such vacancy.

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