Munday v. Baldwin
Court of Appeals of Kentucky
Case 24 — EQUITY APPEAL PROM MERCER COURT OP COMMON PLEAS. 1. The court erred in dismissing appellant’s petition. 2. After arriving at fourteen years, the infant had the undoubted right to choose a guardian in Texas. The infant acquired no domicile in Texas by being taken there. She ■could not legally consent to the removal from Kentucky, and; as a -result, the court in Texas had no jurisdiction to appoint another •guardian, although he was chosen by her.
Read the full summary
Case 24 — EQUITY APPEAL PROM MERCER COURT OP COMMON PLEAS. 1. The court erred in dismissing appellant’s petition. 2. After arriving at fourteen years, the infant had the undoubted right to choose a guardian in Texas. The infant acquired no domicile in Texas by being taken there. She ■could not legally consent to the removal from Kentucky, and; as a -result, the court in Texas had no jurisdiction to appoint another •guardian, although he was chosen by her. His sureties would not be bound for the money if it were recovered in this suit. (Story’s Conflict of Laws, sec. 504; Davis v. McFeet, .MS.…
1Opinion of the Court
•CHIEF JUSTICE COFER
delivered tiie opinion op the court.
Thomas H. Munday died in 1863, domiciled in Mercer-■county, in this State. At the time of his death he was a widower, having one child, then only a few months old. By his last will and testament, he gave all his personal estate .and the care and custody of his infant child to his maiden .sister, Sarah E. Munday.
Miss Munday and her mother seem to have resided together, and the child remained with them up to Miss Mun-■day’s death, and for some time afterward remained with the ¡grandmother.
*122In the meantime the appellee, a maternal uncle,…
2Cited by6 opinions
- New Domain Oil & Gas Co. v. McKinneyCourt of Appeals of Kentucky · 1920
- Bjornquist v. Boston & A. R.Court of Appeals for the First Circuit · 1918
- Ferguson's Adm'r v. Ferguson's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1934
- Louisville & N. R. R. v. KimbroughCourt of Appeals of Kentucky · 1903
- Garth v. City Savings BankCourt of Appeals of Kentucky · 1905
1 more not listed; retrieve them via the Exa API.