Legal Opinion

In re Guardianship of Waite

Supreme Court of Iowa

Decided December 14, 1920PublishedCited by 18 opinions

Appeal from Johnson District Court. — R. G. Popham, Judge. On application, Joseph A. Helmer, on February 21, 1920, was appointed guardian of the minor children of Harry and Mary Frances Waite, deceased. Thereafter, and on March 5th of the same year, Ida I. Waite prayed that he be removed, and that she be appointed guardian in his stead.

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Appeal from Johnson District Court. — R. G. Popham, Judge. On application, Joseph A. Helmer, on February 21, 1920, was appointed guardian of the minor children of Harry and Mary Frances Waite, deceased. Thereafter, and on March 5th of the same year, Ida I. Waite prayed that he be removed, and that she be appointed guardian in his stead. On hearing, six days later, the previous order was so modified that Helmer was continued as guardian of the property, and Mrs. Waite appointed guardian of the persons. From this order, Helmer appeals. —

1Opinion of the CourtLadd, J.

— Harry Waite died, February 16, 1920, and Ms wife, Mary Frances, four days later. Two cMldren, Harold, five years old, and Gertrude, three years old, survived them. On the day following the wife’s death, her brother, Joseph A. Helmer, filed a petition with the clerk of the district court of Johnson County, praying that he be appointed guardian of the persons and property of these children, and the clerk issued letters of guardianship to him on the same day. On the 5th of March following, Ida I. Waite, widowed mother of Harry Waite, made application for the removal of Helmer as guardian, and…

2Cases cited8 opinions

  1. Lámar v. MicouSupreme Court of the United States · 1885
  2. In re the Guardianship of BentonSupreme Court of Iowa · 1894
  3. Lawrence v. ThomasSupreme Court of Iowa · 1892
  4. Winter v. WinterSupreme Court of Iowa · 1918
  5. Holmes ex rel. Holmes v. DerrigSupreme Court of Iowa · 1905

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3Cited by18 opinions

  1. Wayne King v. Charles BeaversCourt of Appeals for the Eighth Circuit · 1998
  2. Grier v. Estate of GrierSupreme Court of Minnesota · 1958
  3. Hruska v. FaheySupreme Court of Iowa · 1941
  4. Matter of Guardianship of MurphySupreme Court of Iowa · 1986
  5. Guardianship of WalshCalifornia Court of Appeal · 1950

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