Muse v. Muse
Mississippi Supreme Court
From the chancery court of Madison county. Hon. H. C. Conn, Chancellor. The appellee, Margaret P. Muse, applied to the chancery court for letters of guardianship upon the person and estate of Martha Muse, a lunatic. Edgar H. Muse, appellant, opposed the appointment, and, showing that he was next of kin to the lunatic, prayed that he might be appointed guardian both of the person and estate, but especially of the estate of the unfortunate person non compos mentis.
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From the chancery court of Madison county. Hon. H. C. Conn, Chancellor. The appellee, Margaret P. Muse, applied to the chancery court for letters of guardianship upon the person and estate of Martha Muse, a lunatic. Edgar H. Muse, appellant, opposed the appointment, and, showing that he was next of kin to the lunatic, prayed that he might be appointed guardian both of the person and estate, but especially of the estate of the unfortunate person non compos mentis. The court below appointed Margaret P. Muse, appellee, guardian of both the person and estate of the lunatic, and thereupon Edgar H.…
1Opinion of the Court
Woods, C. if.,
delivered the opinion of the court.
We have no statute which confers upon the nearest of kin of an adjudged lunatic the legal right to have the guardianship of the lunatic. The cases cited by counsel for appellant involved the legal right of the nearest of kin to have the guardianship of a minor. In such cases the law conferred the right upon the nearest of kin to guardianship of the minor. But we have no such statute as to the appointment of guardians of the person or estate of insane persons. The power of appointment in such case is confided to the discretion of the chancery…
2Cited by3 opinions
- Barney v. BarneyMississippi Supreme Court · 1948
- Smith v. MuseMississippi Supreme Court · 1925
- Cole v. BurtSupreme Court of Oklahoma · 1960