Legal Opinion

Hutchins v. Brown

Supreme Court of New Hampshire

Decided October 7, 1913PublishedCited by 7 opinions

Probate Appeal, from a decree appointing the defendant guardian of two minor sons of Frank Hutchins, deceased, of whose intestate estate the defendant was administrator.

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Probate Appeal, from a decree appointing the defendant guardian of two minor sons of Frank Hutchins, deceased, of whose intestate estate the defendant was administrator. Transferred from the November term, 1912, of the superior court by Pike, J. February 14, 1911, Betsey Lyford Hutchins and the plaintiff, grandmother and uncle of the minors upon the father’s side, petitioned for the appointment of the plaintiff as guardian, while the grandmother on the mother’s side filed a petition for the appointment of one Whelpley. The petitions were heard together, and at the December term, 1911, of the…

1Opinion of the CourtParsons, C. J.

“The judge of probate . . . may appoint •a guardian to any minor whenever there is occasion.” P. S., c. 178, s. 1. No notice is required. P. S., c. 185, s. 2. “The .judge may appoint the father or mother, or any person nominated by either, to be guardian of a child, as he shall think most conducive to the interests of the child.” P. S., c. 178, s. 3. The questions presented to the court by the petitions were: Was there occasion for the appointment of a guardian, and whose appointment would best promote the welfare of the minors. Hanrahan v. Sears, 72 N. H. 71. That some one should have been…

2Cases cited1 opinion

  1. Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880

3Cited by7 opinions

  1. In Re Guardianship of WilliamsSupreme Court of New Hampshire · 2009
  2. Shelton v. TamposiSupreme Court of New Hampshire · 2013
  3. Bank of New York & Trust Co. v. TiltonSupreme Court of New Hampshire · 1925
  4. Leonard v. FaheySupreme Court of New Hampshire · 1934
  5. In Re Guardianship of WilliamsSupreme Court of New Hampshire · 2009

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