Compton v. Compton
Court of Appeals of Maryland
Appeal from the Orphans Court of Charles County. On the 5th March 1844, the appellant, a minor, appeared in the Orphans court and prayed to have a guardian appointed, and asked to have Richard Barnes, esq, one of the justices of the said court, to be appointed, who retired from the bench.
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Appeal from the Orphans Court of Charles County. On the 5th March 1844, the appellant, a minor, appeared in the Orphans court and prayed to have a guardian appointed, and asked to have Richard Barnes, esq, one of the justices of the said court, to be appointed, who retired from the bench. The court postponed the appointment until the 3rd Tuesday in March, when, on the 19th of that month, the appellee filed a petition, alleging the condition of the appellant’s property, the necessity of a guardian, and institution of legal proceedings to protect the minor’s property and vindicate his rights.…
1Opinion of the CourtMagrudee, J.
This appeal must be dismissed: from an order of the Orphans court, appointing a guardian to an infant, no appeal will lie.
It is the duty of the Orphans court, in appointing his guardian, to consult the interests, rather than the wishes of the infant. If the latter was competent, without control, to choose his guardian, it would be scarcely necessary for him to have one. He might also choose his own boarding-house, his instructed, and others whose services he needed. The Orphans court, in the discharge of this duty, may make an injudicious choice; but it is not probable that this court,…
2Cited by4 opinions
- Sudler v. SudlerCourt of Appeals of Maryland · 1913
- In Re adoption/guardianship No. 10935, Circuit Court for Montgomery CountyCourt of Appeals of Maryland · 1996
- Ramsay v. ThompsonCourt of Appeals of Maryland · 1889
- Johnson v. BrannamanCourt of Appeals of Maryland · 1857