Legal Opinion

In re the Guardianship of Benton

Supreme Court of Iowa

Decided October 17, 1894PublishedCited by 26 opinions

Appeal from Bremer District Gowrt. — Hon. John O. Sheewin, Judge. Appeal from an order dismissing the petition of David M. Benton, guardian of George O. Benton and Grace Benton, asking that certain money in the hands of E. L. Smalley, as guardian of their property, be transferred to David M. Benton, who is the duly appointed guardian of their persons and property within and for the county of Trempealeau, in the state of Wisconsin.

1Opinion of the CourtDeemer, J.

Manley J. Benton, father of George O. Benton and Grace Benton, died intestate at Waverly, Iowa, on the fifteenth day of September, 1892. He left surviving him these minors, aged twelve and ten years, respectively. His wife, the mother of these children, died about two years previous. Before the death of the wife and mother, the petitioner, who is the paternal uncle of the minors, at the request of Manley J. Benton and his wife, took Grace Benton to his home in Wisconsin, and from that time until the present has supported and cared for her. At the time of the father’s death, there being no…

2Cases cited5 opinions

  1. Lámar v. MicouSupreme Court of the United States · 1885
  2. Love v. CherrySupreme Court of Iowa · 1868
  3. Jenkins v. ClarkSupreme Court of Iowa · 1887
  4. In re the Guardianship of JohnsonSupreme Court of Iowa · 1893
  5. Darden v. WyattSupreme Court of Georgia · 1854

3Cited by26 opinions

  1. Jensen v. SorensonSupreme Court of Iowa · 1930
  2. Delaware, L. & W. R. v. PetrowskyCourt of Appeals for the Second Circuit · 1918
  3. Adams v. SmithSupreme Court of Iowa · 1921
  4. Stafford v. StaffordIllinois Supreme Court · 1921
  5. Bjornquist v. Boston & A. R.Court of Appeals for the First Circuit · 1918

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