Smith v. Burlingame
U.S. Circuit Court for the District of Rhode Island
Trespass and ejectment [by Mary Smith against Stephen Burlingame]. Plea, general issue. At the trial the defendant claimed title to the premises under a lease made by one Joseph Cady, as guardian of the plaintiff, appointed under the laws of Rhode Island, which authorize the courts of probate “to appoint guardians of all persons who are delirious, distracted, or non compos mentis, or who, for want of discretion in managing their estates, are likely to bring themselves and…
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Trespass and ejectment [by Mary Smith against Stephen Burlingame]. Plea, general issue. At the trial the defendant claimed title to the premises under a lease made by one Joseph Cady, as guardian of the plaintiff, appointed under the laws of Rhode Island, which authorize the courts of probate “to appoint guardians of all persons who are delirious, distracted, or non compos mentis, or who, for want of discretion in managing their estates, are likely to bring themselves and families to want and misery.” Dig. R. I. Laws 179S, p. 316, § 2. It was under this latter clause that Cady was appointed…
1Opinion of the Court
STORY, Circuit Justice.
My opinion is, that the objection is fatal. The courts of probate have no right to put a person under guardianship, as unfit to manage her affairs, without notice to the party, and an adjudication on the facts; and until such adjudication, no letters of guardianship can legally be issued. The case of Chase v. Hathaway, 14 Mass. 222, is directly in point, and with that case I entirely concur.
Verdict for the plaintiff.
2Cases cited1 opinion
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
3Cited by5 opinions
- North v. JoslinMichigan Supreme Court · 1886
- In re the Estate of BrashHawaii Supreme Court · 1904
- Martin v. WhiteCourt of Appeals for the Ninth Circuit · 1906
- Hamilton v. Court of Probate of N. ProvidenceSupreme Court of Rhode Island · 1869
- Robb v. Lessee of IrwinOhio Supreme Court · 1846