Creagh v. Tunstall
Supreme Court of Alabama
ArPEAL from Hale Chancery Court; Heard before the Hon. W. H. Tavloe. This was a petition filed in the Chancery Court of Hale county by E. J. Creagh, alleging that the petitioner was the cousin of one, J. C. T. May, a non compos, and ward of said court; that the said ward came to the house of petitioner in Clarke county, in a destitute condition, wandering from house to house ; that petitioner took him to her house and supplied him with lodging and necessary apparel for eight…
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ArPEAL from Hale Chancery Court; Heard before the Hon. W. H. Tavloe. This was a petition filed in the Chancery Court of Hale county by E. J. Creagh, alleging that the petitioner was the cousin of one, J. C. T. May, a non compos, and ward of said court; that the said ward came to the house of petitioner in Clarke county, in a destitute condition, wandering from house to house ; that petitioner took him to her house and supplied him with lodging and necessary apparel for eight months for which petitioner had received no compensation. A bill or account accompanied the petition setting out the…
1Opinion of the CourtStone, C. J.
It is certainly true that the guardian of a person non compos mentis, is charged with the duty of looking after the wants and comforts of his ward. On him rests the duty of providing for the latter’s maintenance, including suitable subsistence, clothing, medical attention in sickness, &c.; but the extent of such provision is, and must be left largely to the discretion of the guardian, guaged by the financial condition of the estate of the ward. “The paramount consideration in regard to all expenditures is the *251comfort and ease of tbe lunatic bimself, and tbis is always superior to tbe rights…
2Cases cited4 opinions
- Nicholson v. SpencerSupreme Court of Georgia · 1852
- Gwaltney v. CannonIndiana Supreme Court · 1869
- Call v. WardSupreme Court of Pennsylvania · 1842
- Bredin v. DwenSupreme Court of Pennsylvania · 1833