Legal Opinion

In re Dickson

Hamilton County Probate Court

Decided June 10, 1887Published

On the 30th day of July, 1886, this court on the evidence found Harry R. Dickson an imbecile, and that it was necessary to appoint a guardian for the person and estate of the said Harry R. Dickson, and thereupon did appoint a guardian, all of which appears of record.

Read the full summary

On the 30th day of July, 1886, this court on the evidence found Harry R. Dickson an imbecile, and that it was necessary to appoint a guardian for the person and estate of the said Harry R. Dickson, and thereupon did appoint a guardian, all of which appears of record. Now comes the guardian and files lfis motion for leave to amend the record, alleging that said record does not disclose the fact that at the time of the hearing of said cause, and the appointment of said guardian, said Harry R. Dickson appeared in open court and had notice of the intended application of the guardian, and praying…

1Opinion of the CourtGoebel, J.

There is no statutory provision which provides for a notice on the hearing of an application to have a person adjudged an imbecile and for the appointment of a guardian for such person.* Neither has it been the practice during the existence of this court to give such notice. The mode and manner of such proceeding, and the .amount of evidence necessary, are matters entirely within the discretion of the court. But it is maintained that inasmuch as it deprives such an adjudged imbecile of the control and management of his property, according to some authorities, such person ought to have notice…

2Cases cited1 opinion

  1. Supervisors v. DurantSupreme Court of the United States · 1870

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API