McIlroy v. McIlroy
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. This proceeding was initiated in the County Court of Union County, to have a guardian appointed for the defendant, James Mcllroy, father of the petitioner.
Read the full summary
From Union: John W. Knowles, Judge. In Banc. This proceeding was initiated in the County Court of Union County, to have a guardian appointed for the defendant, James Mcllroy, father of the petitioner. The petition alleges that James Mcllroy has in his own .right about $15,000 in Liberty bonds, notes, certificates of deposit, cash and other property to the value of about $2,000; that he lives alone and is unable to look after his own business; that on the -: day of May, 1919, he drew his money and securities from the First National Bank of Elgin and put them away somewhere about his House,…
1Opinion of the CourtJohns, J.
1. The petition is based on Section 1319, L. O. L., which provides that the several County Courts shall have power to appoint guardians to take care of the estates, real and personal, of all who are unable to manage their own property and business. In this kind of a pleading it is sufficient if the petition follows substantially the wording of the statute. It is not necessary to allege all of the facts and details tending to show that an individual is “incapable of conducting his own affairs”: Dickenson v. Henderson, 90 Or. 408 (176 Pac. 797). In the case of In re Northcutt, 81 Or. 646 (148…
2Cases cited2 opinions
- In re NorthcuttOregon Supreme Court · 1915
- Dickenson v. HendersonOregon Supreme Court · 1918
3Cited by1 opinion
- Kunkel v. BarnettDistrict Court, N.D. Oklahoma · 1926