Stewart v. Morrison's
Mississippi Supreme Court
Appeal from tbe Court of Probates of Hinds county. Hon. John W. Robb, judge. In June, 1855, D. Morrison filed a petition in the Court of Probates of Hinds county, representing that the appellant, W. B. Stewart, had in his possession a large amount of property belonging to his two children, Alexander and John Stewart, who were the issue of the said Stewart and his first wife, who is now dead, and was a niece of petitioner; that said Stewart was not using this property to the…
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Appeal from tbe Court of Probates of Hinds county. Hon. John W. Robb, judge. In June, 1855, D. Morrison filed a petition in the Court of Probates of Hinds county, representing that the appellant, W. B. Stewart, had in his possession a large amount of property belonging to his two children, Alexander and John Stewart, who were the issue of the said Stewart and his first wife, who is now dead, and was a niece of petitioner; that said Stewart was not using this property to the advantage of his said wards, but “is wasting; selling, or otherwise squandering the same.” To this petition Stewart…
1Opinion of the CourtHandy, J.
The question presented in this case is, whether the. Court of Probates has jurisdiction to appoint a guardian of the estate of a minor, whose father is then living, upon a petition representing that the father is wasting the estate.
The J8th section of the 4th article of our present Constitution authorizes the establishment of Courts of Probate, with jurisdiction in all matters testamentary and of administration in orphans’ business, and the allotment of doAver, in cases of idiotcy and lunacy, and of persons non compos mentis.
*419Under a similar provision, with reference to orphans’ business, in…
2Cited by4 opinions
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