Legal Opinion

In re Northcutt

Oregon Supreme Court

Decided May 25, 1915PublishedCited by 10 opinions

From Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice McBride. Eva Palmerton instituted proceedings in the County Court to have S. T. Northcutt, her father, declared incompetent to manage his own property, and to have a guardian appointed for that purpose. After a trial there he was found incompetent, and E. M. Croisan was appointed his guardian. The father appealed to the Circuit Court, where the order was reversed.

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From Marion: William Galloway, Judge. In Banc. Statement by Mr. Justice McBride. Eva Palmerton instituted proceedings in the County Court to have S. T. Northcutt, her father, declared incompetent to manage his own property, and to have a guardian appointed for that purpose. After a trial there he was found incompetent, and E. M. Croisan was appointed his guardian. The father appealed to the Circuit Court, where the order was reversed. "Whereupon the daughter appealed to this court, in which the matter is pending. She now files a motion asking that this court make an order for her…

1Opinion of the CourtJustice McBride

At common law there was originally no legal duty of a parent to support a helpless adult child, but this defect in the law was corrected by the passage of 43 Eliz., Chap. 2, § 7, which enacted:

“The father and grandfather, and the mother and grandmother, and the children of every poor, old, blind, lame, and impotent person, or other poor person not able to work, being of a sufficient ability, shall, at their own charges, relieve and maintain every such poor person in the manner, and according to that rate, as by the justices of the peace of that county where such sufficient persons dwell, or…

2Cases cited1 opinion

  1. Faling v. Multnomah CountyOregon Supreme Court · 1905

3Cited by10 opinions

  1. Sturtevant v. SturtevantOregon Supreme Court · 1919
  2. State Ex Rel. Kramer v. CarrollMissouri Court of Appeals · 1958
  3. Sayne v. SayneCourt of Appeals of Tennessee · 1955
  4. Baker v. BakerCourt of Appeals of Oregon · 1975
  5. Fahrenwald v. WachterOregon Supreme Court · 1960

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