In re Guardianship of Arva
Idaho Supreme Court
APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. A petition was filed in tbe probate court of Kootenai county by Thomas J. Purcell for the allowance to him, as general guardian, out of the estate of Arva and Elmer Brady, minors, his costs and expenses incurred in conducting litigation over the probate of the will of their deceased father. A demurrer was sustained to the petition in the probate court and the petitioner appealed.
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APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. A petition was filed in tbe probate court of Kootenai county by Thomas J. Purcell for the allowance to him, as general guardian, out of the estate of Arva and Elmer Brady, minors, his costs and expenses incurred in conducting litigation over the probate of the will of their deceased father. A demurrer was sustained to the petition in the probate court and the petitioner appealed. The district court affirmed the judgment of the probate court, and from such judgment the petitioner appealed to this court.…
1Opinion of the Court
AILSHIE, J. —
This case arose out of the facts and transactions disclosed in the case of Pine v. Callahan, 8 Idaho, 684, 71 Pac. 473. The appellant, Thomas J. Purcell, having been named by the purported will of John C. Brady, deceased, as the testamentary guardian of the minors, Arva and Elmer Brady, applied to the probate court of Kootenai county, and was on the twentieth day of July, 1901, appointed as general guardian of the persons and estates of the said minors. At the time of the death of John C. Brady, these two minor children were living and residing with their father in Kootenai…
2Cases cited3 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Clark v. RossierIdaho Supreme Court · 1904
- Pine v. CallahanIdaho Supreme Court · 1902
3Cited by15 opinions
- Jain v. PriestIdaho Supreme Court · 1917
- Miller v. MitchamIdaho Supreme Court · 1912
- Crosbie v. BrewerSupreme Court of Oklahoma · 1916
- Short v. ThompsonIdaho Supreme Court · 1936
- On RehearingIdaho Supreme Court · 1908
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