Gray v. Parke
Massachusetts Supreme Judicial Court
Petition to the Probate Court, brought in the name of Elizabeth Gray, by Maria Murdock and Mary E. Gray, described respectively as “ a neighbor and next friend ” and “ a niece and next friend ” of the petitioner, for the removal of George W. Parke, the guardian of the petitioner, as being “ an unsuitable person to act as such guardian.”
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Petition to the Probate Court, brought in the name of Elizabeth Gray, by Maria Murdock and Mary E. Gray, described respectively as “ a neighbor and next friend ” and “ a niece and next friend ” of the petitioner, for the removal of George W. Parke, the guardian of the petitioner, as being “ an unsuitable person to act as such guardian.” Hearing in this court, on appeal from a decree of the judge of probate removing the guardian, before Morton, J., who affirmed the decree; and the respondent alleged exceptions, which appear in the opinion.
1Opinion of the CourtBarker, J.
1. The first point raised by the exceptions is that the petition to the Probate Court was insufficient, and the decree of that court invalid, because no legal cause of removal was alleged in the petition, or found in the decree.^ The Pub. Sts. c. 139, § 21, provide that, when a guardian “ becomes insane or otherwise incapable of discharging his trust or evidently unsuitable therefor, the Probate Court, after notice to him and to all other persons interested, may remove him.” The petition alleges that the respondent “ is an unsuitable person to act as such guardian,” and the decree recites…
2Cases cited3 opinions
- Winship v. BassMassachusetts Supreme Judicial Court · 1815
- Baltimore & Ohio Railroad v. FitzpatrickCourt of Appeals of Maryland · 1872
- Brown v. HullSupreme Court of Vermont · 1844
3Cited by16 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- Ensign v. FaxonMassachusetts Supreme Judicial Court · 1916
- Comstock v. BowlesMassachusetts Supreme Judicial Court · 1936
- Quincy Trust Co. v. TaylorMassachusetts Supreme Judicial Court · 1944
- Freeman v. ChaplicMassachusetts Supreme Judicial Court · 1983
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