Legal Opinion

Chase v. Hathaway

Massachusetts Supreme Judicial Court

Decided July 15, 1817PublishedCited by 71 opinions

This was an appeal from a decree of the judge of probate for the county of Bristol, assigning the said Hathaway to be guardian of the appellant, who had been adjudged and certified by the selectmen of the town of Berkley, of which he was an inhabitant, to be incapable of taking care of himself.

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This was an appeal from a decree of the judge of probate for the county of Bristol, assigning the said Hathaway to be guardian of the appellant, who had been adjudged and certified by the selectmen of the town of Berkley, of which he was an inhabitant, to be incapable of taking care of himself. The reasons of appeal, filed in the court below, pursuant to the statute, were as follows, viz.: 1. That he was not, at the time of the adjudication of the said selectmen, an idiot, non compos, lunatic, or distracted person, and incapable of taking care of himself; 2. That he had no notice of the time…

1Opinion of the CourtParker, C. J.

This case comes before us on an appeal from a decree of the judge of probate for the county of Bristol, whereby the respondent Hathaway was appointed guardian of the person and estate of the appellant, found to be a person non compos mentis. The proceedings of the judge of probate are founded upon the return of an inquisition, made by the selectmen of the town of Berkley, of which Chase is an inhabitant; and the inquisition was taken pursuant to a commission from the judge of probate, which issued upon the application of certain inhabitants of said town, according to the provisions of the…

2Cited by71 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. Dullam v. WillsonMichigan Supreme Court · 1884
  3. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  4. Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
  5. Morrow v. WeedSupreme Court of Iowa · 1856

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