Garth v. City Savings Bank
Court of Appeals of Kentucky
Case 35. — ACTION BY CITY SAVINGS BANK, AS GUARDIAN OF VIRGIL THOMAS AGAINST W. E. GARTH, AS GUARDIAN FOR SAME. Appeal from Warren Circuit Court. B. W. Bradburn, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. Jurisdiction of a court to appoint a guardian. (Tiffany’s Persons and Domestic Relations, sec. 158; Schouler’s Domestic Relations, sec. 303.) 2. Right of natural guardian to' custody of ward. (Ky.
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Case 35. — ACTION BY CITY SAVINGS BANK, AS GUARDIAN OF VIRGIL THOMAS AGAINST W. E. GARTH, AS GUARDIAN FOR SAME. Appeal from Warren Circuit Court. B. W. Bradburn, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. Jurisdiction of a court to appoint a guardian. (Tiffany’s Persons and Domestic Relations, sec. 158; Schouler’s Domestic Relations, sec. 303.) 2. Right of natural guardian to' custody of ward. (Ky. Stats., sec. 2033; Tiffany’s Persons and Domestic Relations, p. 308.) 3. Right of natural guardian to change domicile of infant child. (Am. & Eng. Ency.…
1Opinion of the Court
Opinion by
Judge Barker.
Affirming.
This record involves a controversy between appellant and appellee as guardian, of Virgil Thomas for the possession of his personal estate. The father of the infant, Sam O. Thomas, 'died in 1888, domi*282oiled in Warren county, Ky., leaving a wife, Mrs. Fannie Thomas, and the infant, Virgil Thomas, surviving him. His only estate appears to have been a policy of insurance on his life, which the company for some reason refused to pay, and which thereupon became a subject of litigation. Pending this controversy a guardian was appointed for the infant, and before the…
2Cases cited4 opinions
- Cutts v. HaskinsMassachusetts Supreme Judicial Court · 1813
- City of Louisville v. SherleyCourt of Appeals of Kentucky · 1882
- Munday v. BaldwinCourt of Appeals of Kentucky · 1880
- Gardner v. SalyersCourt of Appeals of Kentucky · 1880
3Cited by4 opinions
- Walden v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1967
- In re the Estate of ThorneNew York Surrogate's Court · 1924
- In re Letters of Guardianship of the Person & Property of ThorneAppellate Division of the Supreme Court of the State of New York · 1925
- Commonwealth of Kentucky v. Kayla MeltonKentucky Supreme Court · 2023