Fox v. Minor
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. On the 22d day of May, 1861, the Probate Court of Santa Clara County appointed the defendant, John R. Wilson, guardian of the person and estate of Catharine Foley, a minor under the age of fourteen years. Said defendant qualified and gave a bond, with the defendant Minor and one H. C. Melone as sureties, and letters of guardianship of the person and estate of said Foley were issued to him.
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Appeal from the District Court, Third Judicial District, Santa Clara County. On the 22d day of May, 1861, the Probate Court of Santa Clara County appointed the defendant, John R. Wilson, guardian of the person and estate of Catharine Foley, a minor under the age of fourteen years. Said defendant qualified and gave a bond, with the defendant Minor and one H. C. Melone as sureties, and letters of guardianship of the person and estate of said Foley were issued to him. Wilson continued to act in the capacity of guardian until the 25th 'day of March, 1865, when he tendered his resignation, and the…
1Opinion of the Court
By the Court, Sawyer, J.:
A guardian appointed by the Probate Court, under the Act which provides for the appointment and prescribes the duties of guardians, is not a trustee of an express trust, within the meaning of section six of the Practice Act. Under that Act the Probate Court is vested with the same jurisdiction over the persons and estates of minors who have no testamentary guardians, as was vested at common law in the Court of Chancery. At common law, the King, as parens patria, was considered to have the care of all persons who were unable to take care of themselves, and such care…
2Cases cited4 opinions
- The People v. . NortonNew York Court of Appeals · 1853
- Irwin v. BackusCalifornia Supreme Court · 1864
- Bradley v. AmidonNew York Court of Chancery · 1843
- Barrett v. GrahamCalifornia Supreme Court · 1862
3Cited by26 opinions
- Guardianship of Di CarloCalifornia Supreme Court · 1935
- Guardianship of ReynoldsCalifornia Court of Appeal · 1943
- Guardianship of KempCalifornia Court of Appeal · 1974
- Wilson v. WilsonCalifornia Supreme Court · 1868
- Thompson v. DavisCalifornia Supreme Court · 1916
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