In Re Bigheart's Guardianship

The majority decision is admittedly a new construction.

“Subject to the approval of the county judge, ” as used in the statutes, section 1440, C. O. S. 1921 [O. S. 1931, sec. 1431] heretofore has meant the suitability of the person nominated to be guardian. Now it is construed to permit the county judge to inquire into the mental capacity of the minor.

It is said an adjudication to the contrary would open the door “to designing persons to procure the appointment of a guardian without the approval of the county judge.” Not so for a designing person is not a suitable person, and the function of…