Halett v. Patrick
California Supreme Court
Appeal from the District Court, Second Judicial District, County of Butte. On the 9th day of March, 1870, Abraham T. Enos petitioned the Probate Court of Butte County to be appointed guardian of the person and estate of James Polk Wright. The petition stated that Wright had real and personal property in Butte County, and was insane. The Court issued a citation to Wright to appear, on the 26th day of April, 1870, and show cause against the application.
Read the full summary
Appeal from the District Court, Second Judicial District, County of Butte. On the 9th day of March, 1870, Abraham T. Enos petitioned the Probate Court of Butte County to be appointed guardian of the person and estate of James Polk Wright. The petition stated that Wright had real and personal property in Butte County, and was insane. The Court issued a citation to Wright to appear, on the 26th day of April, 1870, and show cause against the application. The citation was served, and the Court made an order, on said 26th day of April, appointing Enos, upon his executing and filing a bond in the…
1Opinion of the Court
By the Court, Crockett, J.:
On the filing of the petition by Enos, and the service on Wright of the notice required by the statute, the Court acquired jurisdiction to adjudicate the question of insanity and to appoint a guardian. On determining that Wright was insane, the Court had authority to select a guardian, and its discretion in the selection of a proper person was in no degree restricted by the fact that in his petition Enos prayed that he himself be appointed. Under that petition, *595the Court had authority to exercise its discretion as to the person to be appointed. It appointed Enos,…
2Cited by12 opinions
- In Re the Guardianship of CoburnCalifornia Supreme Court · 1913
- In Re Guardianship of the Person & Estate of SullivanCalifornia Supreme Court · 1904
- In Re the Guardianship of the Person & Estate of CrockerCalifornia Supreme Court · 1917
- In Re TiltonCalifornia Court of Appeal · 1911
- Estate of MimsCalifornia Court of Appeal · 1962
7 more not listed; retrieve them via the Exa API.