Overseers of the Poor v. Gullifer
Supreme Judicial Court of Maine
On Exceptions to the rulings of Appleton, J. •This was an appeal from the decree of the Judge of Probate, appointing a guardian for the appellant, upon the petition of the plaintiffs. In this Court the appellant demurred to the petition, the demurrer was joined by the plaintiffs and overruled by the presiding Judge, and the decree of the Judge of Probate affirmed; whereupon the appellant excepted. The contents of the petition are sufficiently stated in the opinion.
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
This case comes before this Court on appeal from the Judge of Probate, and is presented on a demurrer to the petition asking the Judge of Probate to appoint a guardian for the appellant. The demurrer admits the truth of the facts set out in the petition. Did these facts, thus admitted by the pleading, give jurisdiction to the Probate Court? The petition contains three allegations ; "that David Gullifer, of said town of Fairfield, is a person not capable of taking care of himself and property, being now in his dotage, and having become heir at…
2Cases cited1 opinion
- Darling v. BennetMassachusetts Supreme Judicial Court · 1811
3Cited by6 opinions
- Legault v. Decision of Judge of Probate LevesqueSupreme Judicial Court of Maine · 1954
- Burke v. McClureMissouri Court of Appeals · 1922
- Ruckert v. MooreSupreme Court of Missouri · 1927
- People's Savings Bank v. WilcoxSupreme Court of Rhode Island · 1886
- Providence County Savings Bank v. HughesSupreme Court of Rhode Island · 1904
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