Nelson v. Green
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Hon- L. B. GReex, Circuit Judge. The discretion reposed by statute in the Probate Courts in appointments of guardians is asoundlegal discretion, notan arbitrary uncontrollable discretion.
Read the full summary
Appeal from Hempstead Circuit Court. Hon- L. B. GReex, Circuit Judge. The discretion reposed by statute in the Probate Courts in appointments of guardians is asoundlegal discretion, notan arbitrary uncontrollable discretion. Sadler vs. Rose, 18 Ark. 602. The father, and on his death the mother, is generally entitled to the care of a minor child, and should be preferred, except where the morals, or safety or interest of the minors requires other custody. 2 Kent's Com. 205; Bishop on Mar. if Div. sec. 643; Com. vs. Addicks, 5 Binney 520. The appointment of a guardian is a matter within the…
1Opinion of the CourtJustice Compton
Conflicting applications were made to the Probate Court of Hempstead county, for the guardianship of Luany I. and Joseph E. Green, minors under"twenty-one, and not over fourteen years of age.
Henry L. Nelson and Jane D., his wife, their mother and stepfather, petitioned that James R. Page should be appointed, and their uncle,. William D. Green, petitioned that he should be appointed their guardian. The court rejected the application on behalf of Page, and appointed Green. An appeal was then taken to the Circuit Court, where the judgment was affirmed; and by appeal the matter is now brought…
2Cases cited1 opinion
- Sadler v. RoseSupreme Court of Arkansas · 1857
3Cited by1 opinion
- Knight v. DeaversSupreme Court of Arkansas · 1976