George v. Parker
Supreme Court of Iowa
Appeal from Hardin District Court 1. The County Court has exclusive jurisdiction in the appointment of guardians. Rev. 1860, §§ 2505, 2345, 2551; Young v. Qammel, 4 G. Greene, 211; and may also remove a guardian for. good cause. Rev. 1860, § 2562 ; 2 Story Eq. Jur. § 1339. 2. The guardian does not have a personal interest in his trust, he acts without profit, as the agent of the public. 2 Kent 229, (Marg.); 2 Story Eq.
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Appeal from Hardin District Court 1. The County Court has exclusive jurisdiction in the appointment of guardians. Rev. 1860, §§ 2505, 2345, 2551; Young v. Qammel, 4 G. Greene, 211; and may also remove a guardian for. good cause. Rev. 1860, § 2562 ; 2 Story Eq. Jur. § 1339. 2. The guardian does not have a personal interest in his trust, he acts without profit, as the agent of the public. 2 Kent 229, (Marg.); 2 Story Eq. Jur., §§ 1388, 1339; Ball et al. v. Humphrey et al., 4 Gr. Greene, 205; Myers v. Simms, 4 Iowa, 502. The guardian has the right to appeal. Ball v. Humphrey et al.,'4 G. Greene,…
1Opinion of the Court
Weight, Cb. J. —
Jacob George was appointed by the proper County Court, guardian for the minor heirs of his deceased daughter, Maria Speers. After he had entered upon the discharge of his duties, proceedings were instituted at the instance of George H. Speers, the grandfather on the father’s side, in the County Court, for his removal as such guardian. His removal was ordered and he asked an appeal, which was refused. Application was at once made to the District Court, under § 270 of the Bev., for the allowance of the appeal, which was ordered, and from this order Speers, the relator, appeals…
2Cases cited2 opinions
- Capps v. StateSupreme Court of Iowa · 1857
- In re Pierson's ExecutorsSupreme Court of Iowa · 1862
3Cited by1 opinion
- State Ex Rel. McPherson v. RakeySupreme Court of Iowa · 1945