McPhillips v. McPhillips
Supreme Court of Rhode Island
Appeal from a decree of the Court of Probate of Cumberland, removing the appellant from the guardianship of Margaret J. Phillips, to which he had been nominated by the will of her father. contended that, being a testamentary guardian, he was not removable by a court of probate, and presented the following points:— I. The statutes recognize two classes of guardians, (a.) Those appointed by will. Bev.
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Appeal from a decree of the Court of Probate of Cumberland, removing the appellant from the guardianship of Margaret J. Phillips, to which he had been nominated by the will of her father. contended that, being a testamentary guardian, he was not removable by a court of probate, and presented the following points:— I. The statutes recognize two classes of guardians, (a.) Those appointed by will. Bev. St. ch. 138, § 1. (b.) Those exercising authority derived from the Court of Probate. Bev. St. ch. 138, § 2. The class (b.) contains three descriptions of guardians. 1. When the Court of Probate…
1Opinion of the CourtBratton, C. J.
The question raised at the hearing in this case was, whether a testamentary guardian is removable by the Court of Probate.
Chapter 138 of the Revised Statutes of “ Guardian and Ward,” section 1, authorizes every person who by law can make a will, to appoint, by his will, a guardian for his children during their minority. In a subsequent section provision is made for the appointment of guardians to minors under fourteen years of age, to be made by the Court of Probate. It is there provided that minors above fourteen years of age may nominate their guardians, to be appointed by the Court of…
2Cited by1 opinion
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