Newton, Ap't v. Janvrin
Supreme Court of New Hampshire
Appeal, from a probate decree appointing the defendant guardian of the plaintiff’s minor son. Facts found by the court. The son, being more than fourteen years old, elected the defendant for bis guardian. The son had no property, and it did not appear that there was any occasion for the appointment of a guardian.
1Opinion of the CourtDoe, C. J.
The statute (G. L., a. 185) did not authorize the appointment of the defendant unless there was occasion for the removal of the minor’s natural guardian. Whether there was occasion for the appointment of a guardian in place of the plaintiff is a question of fact to be determined by the court upon all the competent evidence, and not upon the minor’s election alone.
Case discharged.
Carpenter, J., did not sit: the others concurred.
2Cited by3 opinions
- Guardianship of KenteraCalifornia Supreme Court · 1953
- In Re HannCalifornia Court of Appeal · 1929
- Guardianship of KenteraCalifornia Supreme Court · 1953