Estate of Brinckwirth v. Troll
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) Where a minor under fourteen has lost both father and mother, and no guardian or curator has been appointed by will, the next of kin should be appointed by the probate court on behalf of such minor. R. S. 1909, sec. 403; 15 Am. & Eng. Ency. Law, pp. 39, 44; Morehause v. Cooke, Hopk.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) Where a minor under fourteen has lost both father and mother, and no guardian or curator has been appointed by will, the next of kin should be appointed by the probate court on behalf of such minor. R. S. 1909, sec. 403; 15 Am. & Eng. Ency. Law, pp. 39, 44; Morehause v. Cooke, Hopk. Ch. 226. (2) The welfare of the minor is the paramount consideration in determining the selection of his guardian and curator. 21 Cyc. 32; Woerner on Guardianship, pp. 55, 98, 113; Hollingsworth v. Jeffries, 121 Mo. App. 660. (3) The office…
1Opinion of the Court
BROWN, C.
— This is a proceeding begun by motion in the probate court for the city of St. Louis by John G. Grone and Henry Griesedieek, Jr., uncles of Louis H. Brinckwirth, Henry T. Brinckwirth, and Josephine Brinckwirth, minors, against Harry Troll, public administrator of the city of St. Louis, to remove the latter from the administration, as curator, of the estates of said minors and revoke his authority therefor and for the appointment of the applicants, as next of kin, guardians and curators of the persons and estates of the minors. No question is made upon the sufficiency of the motion…
2Cases cited2 opinions
- Flick v. SchenkSupreme Court of Missouri · 1908
- State ex rel. Pinger v. ReynoldsMissouri Court of Appeals · 1906
3Cited by12 opinions
- Moreno v. Juvenile OfficerMissouri Court of Appeals · 1983
- In Re DuganMissouri Court of Appeals · 1957
- Roots v. ReidMissouri Court of Appeals · 1977
- Estate of SeabaughMissouri Court of Appeals · 1983
- T.H. v. A.S.Missouri Court of Appeals · 1997
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