Inhabitants of Fairhaven v. Howland
Massachusetts Supreme Judicial Court
Complaint in equity, filed in the Superior Court on October 4„ 1911, under R.L. c. 81, §§ 10,11, to recover expenses incurred for the support of one Carlton F. Howland, a minor grandchild of the defendant.
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Complaint in equity, filed in the Superior Court on October 4„ 1911, under R.L. c. 81, §§ 10,11, to recover expenses incurred for the support of one Carlton F. Howland, a minor grandchild of the defendant. The answer, besides a general denial and a denial that the complaint was brought by authority of the town of Fairhaven, alleged that the defendant had provided for the brothers and sisters of the child in question and was ready to obtain a proper home for this child, but that with the connivance of officials of the town a guardian had been appointed for the child, who refused to allow…
1Opinion of the CourtSheldon, J.
The fact that the Probate Court had appointed a guardian of this child with the custody of his person did not relieve the defendant, his grandfather, from liability for his support under R. L. c. 81, §§ 9-11. No provision for such relief can be found in the statutes. If the child’s parents had been living, and the need had arisen, the defendant would still have been liable. If he desired to furnish the support in his own house, his remedy was under § 13 of the same statute. The New York de*152cisions which have been cited were rendered under statutes differing from ours, and are not applicable…
2Cases cited1 opinion
- Inhabitants of Templeton v. StrattonMassachusetts Supreme Judicial Court · 1880
3Cited by1 opinion
- Treasurer & Receiver General v. SerminiMassachusetts Supreme Judicial Court · 1918