Metcalf v. Lowther's
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. H. Austill. The original hill in this case was filed on the 5th March, 1872, by Mrs. Anna P. Metcalf, the wife of H. B. Metcalf, who sued by her next friend, against Mrs. Caroline A. Lo-max, as the executrix of the last will and testament of Mrs. Elizabeth Lowther, deceased; and sought an account and settlement of Mrs. Lowther’s guardianship of the complainant, under letters granted in Georgia, as…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. H. Austill. The original hill in this case was filed on the 5th March, 1872, by Mrs. Anna P. Metcalf, the wife of H. B. Metcalf, who sued by her next friend, against Mrs. Caroline A. Lo-max, as the executrix of the last will and testament of Mrs. Elizabeth Lowther, deceased; and sought an account and settlement of Mrs. Lowther’s guardianship of the complainant, under letters granted in Georgia, as hereinafter more particularly stated. In September, 1862, Mrs. Nancy Parish, who resided in Jones county, Georgia, there died, and…
1Opinion of the CourtStone, J.
In Wharton Conflict of Laws, § 259, it is said: “The state wherein a ward is domiciled is that which, both in interest and in conscience, is charged with his protection ; and it is that, therefore, which, on general principles, should nominate and direct the guardian of such ward. Hence, by the uniform practice of European continental states, the guardian appointed by such home authority has control of his ward’s estate abroad, as well as at home. * * This, however, does not prevent the appointment of special, subordinate guardians, to take charge of the ward’s estate in remote territories.”
Th…
2Cases cited9 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Wilkins v. EllettSupreme Court of the United States · 1870
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Johnson v. Copeland's Adm'rSupreme Court of Alabama · 1860
- Bogle v. Bogle's Adm'rSupreme Court of Alabama · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- George v. WidemireSupreme Court of Alabama · 1942
- Allgood v. WilliamsSupreme Court of Alabama · 1890
- Caheen v. CaheenSupreme Court of Alabama · 1937
- Hatchett v. BerneySupreme Court of Alabama · 1880
- Ex Parte State Ex Rel. AltmanSupreme Court of Alabama · 1939
4 more not listed; retrieve them via the Exa API.