Boyden v. Boyden
Massachusetts Supreme Judicial Court
The appellant having been duly appointed! by the judge of probate for this county, guardian of the respondent, pursuant to the provisions of the statute of 1783, c. 38, <§> 8., it having appeared to the judge that he was, by excessive drinking, &c., wasting his estate, the judge, on the application of the ward, had removed the guardian from office by virtue of the statute of 1789, c. 46., and had appointed another in his place.
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The appellant having been duly appointed! by the judge of probate for this county, guardian of the respondent, pursuant to the provisions of the statute of 1783, c. 38, <§> 8., it having appeared to the judge that he was, by excessive drinking, &c., wasting his estate, the judge, on the application of the ward, had removed the guardian from office by virtue of the statute of 1789, c. 46., and had appointed another in his place. From these decrees the appellant appealed to this Court. Upon the hearing of the parties, and their evidence here, it appeared that the appellant had taken prudent…
1Opinion of the Court
The Court
after observing that it appeared to be owing to a misapprehension of his powers by the guardian that he had held the person of his ward in restraint, and bound him to service, and that guardians of this peculiar class had no control of the persons of their wards, reversed the decrees of the judge of probate, with costa for the appellant.
2Cited by7 opinions
- Green v. BurkeNew York Supreme Court · 1840
- McGregor v. BalchSupreme Court of Vermont · 1842
- Courser v. PowersSupreme Court of Vermont · 1861
- Sullivan v. LloydMassachusetts Supreme Judicial Court · 1915
- Conover v. DevlinNew York Supreme Court · 1858
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