Bass v. Putman
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. J. O. Lamson, Judge. Section 5283, Revised Statutes 1889, authorizes a parent to appoint a guardian for minor children by will, and when made and probated, the appointment takes effect at once without an order of court and is more effective than when appointed by the court, and neither the minor nor the court Jias a choice in the matter, nor power to interfere. 2 Kent, Com. [8 Ed.], side p. 224; Woerner, Guardianship, pp. 56, 57,…
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Appeal from the Newton Circuit Court. — Hon. J. O. Lamson, Judge. Section 5283, Revised Statutes 1889, authorizes a parent to appoint a guardian for minor children by will, and when made and probated, the appointment takes effect at once without an order of court and is more effective than when appointed by the court, and neither the minor nor the court Jias a choice in the matter, nor power to interfere. 2 Kent, Com. [8 Ed.], side p. 224; Woerner, Guardianship, pp. 56, 57, 58; 3 Wait’s Actions and Defenses, p. 541, sec. 8; Tyler on In. and Coverture, p. 248, sees. 170 and 171 Reeves, Dom.…
1Opinion of the CourtBland, P. J.
On December 13, 1897, Emma Russell, formerly Emma Grimes, of Newton county, Missouri, departed this life, leaving two children by a former marriage with Grimes, Dora, aged nine, and Leona Grimes, aged seven years. On December 16, 1897, J. E. Putman appeared before the probate court of Newton county and without notice to anyone procured himself to be appointed guardian and curator of the two minor children. E. M. Bass is the grandfather of these minors, and on learning of the appointment of Put-man he appeared in the probate court and asked to have the appointment of Putman set aside and for…
2Cases cited1 opinion
- Easley ex rel. Dye v. BoneMissouri Court of Appeals · 1890
3Cited by2 opinions
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- State ex rel. Young v. CookMissouri Court of Appeals · 1916