Legal Opinion

In re Guardian for Shelleig

Scioto County Probate Court

Decided July 1, 1901Published

This application was filed in the probate court of Scioto county, and was signed by N. W. Evans, J. J. Gist and Amanda Wilson, the latter a step-daughter of the respondent.

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This application was filed in the probate court of Scioto county, and was signed by N. W. Evans, J. J. Gist and Amanda Wilson, the latter a step-daughter of the respondent. The application was based upon the ground that' he respondent was an inbecile and incapable if mañaging her affairs.' H'er age is seventy-seven years' and her hearing very much - Impaired. ■ The evidence disclosed that-she possessed some peculiarities,:'amo'ng''-:which -was greeting her. friends om-the-ist-reet. by throwing her arms around them in a caressing manner; and that her memory was imperfect. Dr. P. J. Kline, a…

1Opinion of the Court

Ball, J. 1 ne authority of the probate court to appoint guardians for imbeciles is conferred by section 6302, Rev. Stat. Before it can exercise that authority it must appear to the satisfaction of the probate court.

1 That Jane Shelleig is a resident of this county or has a legal settlement in a township thereof.

2. That she is an imbecile.

Prior to the last amendment of said section it was also necessary to show,

3. That such appointment is necessary for the preservation of her property.

This last provision is no longer a part of the statute

There being no dispute that Mrs. Shelleig is a resident…

2Cases cited27 opinions

  1. Armstrong v. StateSupreme Court of Florida · 1892
  2. Guetig v. StateIndiana Supreme Court · 1879
  3. Prentis v. BatesMichigan Supreme Court · 1892
  4. De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
  5. Fairchild v. BascombSupreme Court of Vermont · 1862

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