Potts v. Terry
Court of Appeals of Texas
Appeal from tbe County Court of Gonzales. Tried below before Hon. T. H. Spooner. But one guardian of the estate of a minor can be appointed by the court; and a duly appointed guardian can be removed only for statutory cause.
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Appeal from tbe County Court of Gonzales. Tried below before Hon. T. H. Spooner. But one guardian of the estate of a minor can be appointed by the court; and a duly appointed guardian can be removed only for statutory cause. Rev. Stats., arts. 2508, 2614; Kahn v. Israelson, 62 Texas, 222. It is true that but one guardian of a minor’s estate can be appointed by the court; but there is no inhibition in law against a person who may desire to dispose of his property by will from choosing such trustee as he may see fit, to carry out the provisions of such will. And when such trustee or curator has…
1Opinion of the Court
JAMES, Chief Justice.
The following is the history of this case according to the record: Mary Willie Board, a minor, owned an estate, and in September, 1882, John Potts was appointed and qualified as guardian of her estate in the County Court of Gonzales County, at the request of the child’s mother, the surviving parent. In 1892 the mother died, and by her will provided that her debts should be paid, and left the remainder of her estate to the minor, appointing B. P. Terry “to execute the will and act as guardian of” the child. The executor, on June 11, 1892, filed an application in the County…
2Cited by3 opinions
- St. Paul Sanitarium v. CrimCourt of Appeals of Texas · 1905
- McGeorge v. ThomasonCourt of Appeals of Texas · 1925
- English v. MannCourt of Appeals of Texas · 1955