H v. S
Superior Court of New Hampshire
This was an appeal from a decree of the judge of probate in this county, declaring the appellant to be a person non compos mentis, and appointing a guardian of his person and estate. It appeared that on the 30th September, 1826, a petition was presented to the judge of probate, alleging that by reason of mental infirmities the appellant had become non compos mentis, and praying that a guardian might be appointed.
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This was an appeal from a decree of the judge of probate in this county, declaring the appellant to be a person non compos mentis, and appointing a guardian of his person and estate. It appeared that on the 30th September, 1826, a petition was presented to the judge of probate, alleging that by reason of mental infirmities the appellant had become non compos mentis, and praying that a guardian might be appointed. The judge of probate made an order, that the petition “ be considered at a special probate court to be holden at Portsmouth, on Monday, the 16th October, 1826, &c. and that the…
1Opinion of the CourtRichardson, C. J.
After giving a history of the proceedings in the probate court.) Several objections have been raised in the argument of this case to the regularity of the proceedings in the court below, and we much regret the want of further time to form a more deliberate opinion upon the exceptions which have been taken than can be formed at this time. But the case,seems to require a speedy decision. The interest of the individual, who has been appointed guardian, requires this. A court of probate is not technically a court of record, and to be valid its proceedings must be warranted by law. Any order or…
2Cases cited2 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Darling v. BennetMassachusetts Supreme Judicial Court · 1811
3Cited by1 opinion
- Tebbets v. TiltonSuperior Court of New Hampshire · 1851