Legal Opinion

Easley ex rel. Dye v. Bone

Missouri Court of Appeals

Decided February 18, 1890PublishedCited by 3 opinions

Error to the Barry Circuit Court. — ITok. W. P. G-eig-er, Judge. The probate court has jurisdiction over “appointment of guardians and curators of minors and persons of unsound mind.” Const.

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Error to the Barry Circuit Court. — ITok. W. P. G-eig-er, Judge. The probate court has jurisdiction over “appointment of guardians and curators of minors and persons of unsound mind.” Const. Mo., art. 6, sec. 34; 1 R. S. 1879, sec. 1176; Wells on Jurisdiction of Courts, sec. 272. The probate court has jurisdiction, on information given, to inquire into the insanity of any person in the county, and, if he be found insane, has jurisdiction over his person and his estate. 2 R. S. 1879, chap. 116. The terms “guardian-of the estate,” and “curator of the estate” are identical. In this state the…

1Opinion of the CourtThompson, J.

By the constitution of Missouri (art. 6, sec. 34), the probate courts established by the general assembly are invested with “jurisdiction over all matters pertaining to * * * the appointment of guardians and curators of minors and persons of unsound mind.” By statute, after an inquisition in a mode prescribed, “if it be found by the jury'that the subject of the inquiry is of unsound mind, and incapable of managing his or her affairs, the court shall appoint a guardian of the person and estate of such insane person.” R. S. 1879, sec. 5791. The person so appointed is required to enter into a…

2Cases cited1 opinion

  1. Strong v. BirchardSupreme Court of Connecticut · 1824

3Cited by3 opinions

  1. Shelby v. FarveSupreme Court of Oklahoma · 1912
  2. Bass v. PutmanMissouri Court of Appeals · 1899
  3. State ex rel. Young v. CookMissouri Court of Appeals · 1916

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