Legal Opinion

Scheuer v. Kinman

Montana Supreme Court

Decided January 23, 1905No. 2,010PublishedCited by 15 opinions

Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Judicial proceedings iii the estate and guardianship of Frederick Y. Sclieuer, a mental incompetent. From an order for a sale of so much of his real estate as had been in the possession of his guardian, Charles E. Ilinman, from his appointment until an order of restoration of capacity, Sclieuer appeals.

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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Judicial proceedings iii the estate and guardianship of Frederick Y. Sclieuer, a mental incompetent. From an order for a sale of so much of his real estate as had been in the possession of his guardian, Charles E. Ilinman, from his appointment until an order of restoration of capacity, Sclieuer appeals. The possession of the ward does not carry with it, as a legal consequence, the abandonment by or the supercession of the eontrol and jurisdiction of the court over the realty for the purposes of settlement of the…

1Opinion of the CourtJustice Holloway

On October 21, 1901, an order was duly made in the district court of Silver Row county, Montana, adjudging Frederick Y. *610Scheuer mentally incompetent to manage his own affairs, and appointing Charles E. Kinman guardian of the person and estate of such incompetent. Thereafter, on March 19, 1903, upon the petition of the next friend of Scheuer, a hearing was had before the court, and Scheuer was thereupon adjudged restored to mental capacity. On April 7, 1903, Kinman, as guardian, returned into court his report, designated “Third Annual Deport” of such guardianship, to which report certain…

2Cases cited9 opinions

  1. In re Higgins' EstateMontana Supreme Court · 1895
  2. In re AllgierCalifornia Supreme Court · 1884
  3. State ex rel. Bartlett v. Second Judicial District CourtMontana Supreme Court · 1896
  4. Stumph v. Guardianship of PfeifferIndiana Supreme Court · 1877
  5. Tate ex rel. Fleming v. StevensonMichigan Supreme Court · 1884

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3Cited by15 opinions

  1. Dougherty v. DoughertyMontana Supreme Court · 1906
  2. State Ex Rel. Regis v. District CourtMontana Supreme Court · 1936
  3. State ex rel. Rubin v. District CourtMontana Supreme Court · 1921
  4. Klein v. FraserMontana Supreme Court · 1907
  5. In Re Blankenbaker's EstateMontana Supreme Court · 1939

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