In re Guardianship of Fegan
California Supreme Court
Appeal from the Probate Court of the City and County of San Francisco. J. B. Fegan and Eliza Fegan were husband and wife. In 1871, the wife being insane, Thomas T. Yeager was appointed guardian for her person and estate. Subsequently the husband filed a petition for the revocation of the letters of guardianship. After a hearing the Court denied the petition, and the husband appealed.
Read the full summary
Appeal from the Probate Court of the City and County of San Francisco. J. B. Fegan and Eliza Fegan were husband and wife. In 1871, the wife being insane, Thomas T. Yeager was appointed guardian for her person and estate. Subsequently the husband filed a petition for the revocation of the letters of guardianship. After a hearing the Court denied the petition, and the husband appealed. Marye, Jr., for Appellant, argued that, by the common law, the husband is the.guardian of the person and estate of his wife, and that there is no statute in this State abrogating that rule, and cited 2 Bouvier’s…
1Opinion of the Court
By the Court:
The validity of the order appealed from must be determined altogether by reference to the statute. The power of the Probate Court to appoint a guardian for an insane person under the statute is not defeated or taken away by the fact that such insane person is a married person. And in case the insane person be the wife, there is no rule of law which prefers the husband as such guardian, or forbids the Court to appoint another person to be the guardian, if, in its opinion, the husband is not a fit person to discharge the duties of the guardianship.
Order affirmed.
2Cited by3 opinions
- Hodgdon v. S. Pac. R.R Co.California Supreme Court · 1888
- Gardner v. MaroneyIllinois Supreme Court · 1880
- Robinson v. VanCampIndiana Court of Appeals · 1922