Storms v. Padgham
Michigan Supreme Court
Mandamus. Kelator applied for mandamus to compel the respondent to vacate an order dismissing relator’s appeal from an order of the probate court denying his application for discharge from guardianship as an incompetent person, to reinstate the case, and hear the appeal on the merits. The facts are stated in the opinion.
1Opinion of the CourtMcGrath, C. J.
The application must be denied. It is true that the statute1 does not provide for notice in such cases, but upon an application for the appointment of a guardian for an incompetent the statute2 requires notice to *145be given to tbe incompetent only, yet it has been held that the next of kin or presumptive heirs are entitled to-notice. In re Bassett, 68 Mich. 348; In re Myers, 73 Id. 401. IJpon application by the incompetent for his discharge, the question of his competency or incompetency is again put in issue, and that after an adjudication of incompetency, and the question to be determined is…
2Cases cited2 opinions
- In re to Appoint a Special Guardian for BassettMichigan Supreme Court · 1888
- Munger v. Judge of ProbateMichigan Supreme Court · 1891
3Cited by2 opinions
- Guardianship of SimmonsWisconsin Supreme Court · 1940
- Wagner v. Wayne Probate JudgeMichigan Supreme Court · 1908