Penny v. Hampton
Court of Appeals of Texas
1Opinion of the CourtLevx, J.
(after stating the facts as above). Under the statute of the state the grandfather is expressly given the preference and the absolute right to be appointed guardian of his orphan grandchildren who are minors, as against an'uncle not of blood kin. Article 4120, R. S. 1025. Such right cannot be taken away from the grandfather, unless he is disr qualified by reason of matters expressly mentioned in article 4122, which relate, besides soundness of mind, to immoral conduct, drunkenness, and disinterestedness from obligations antagonistic to, or conflicting with, financial interests of the minor.…
2Cases cited4 opinions
- Heinemier v. ArlittCourt of Appeals of Texas · 1902
- Sparkman v. StoutCourt of Appeals of Texas · 1919
- Kerr v. OppenheimerCourt of Appeals of Texas · 1898
- Sheen v. SheenCourt of Appeals of Texas · 1922
3Cited by3 opinions
- Carney v. AicklenCourt of Appeals of Texas · 1979
- Matter of Guardianship of HensonCourt of Appeals of Texas · 1977
- Phillips v. PhillipsCourt of Appeals of Texas · 1974