Court of Probate of Cranston v. William Sprague
Supreme Court of Rhode Island
This was an action brought in the names of the members of the Court of Probate of Cranston at the date of the writ, against the defendant, who, with William Sprague, his father, deceased, was a surety of Amasa Sprague, also deceased, upon the bond gireu to said Court on the 21st of October, 1823, pursuant to its decree, appointing him guardian of the persons and estates of four minor children of his sister, the widow of one Obadiah Mathewson.
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This was an action brought in the names of the members of the Court of Probate of Cranston at the date of the writ, against the defendant, who, with William Sprague, his father, deceased, was a surety of Amasa Sprague, also deceased, upon the bond gireu to said Court on the 21st of October, 1823, pursuant to its decree, appointing him guardian of the persons and estates of four minor children of his sister, the widow of one Obadiah Mathewson. It was entered in the Court of Common Pleas, Dec. term, 1846, when the defendant submitted to judgment without trial, appealing to this Court at its…
1Opinion of the Court
In considering the various grounds which have been assigned for arresting the judgment in this cause, it may be more convenient, and perhaps be better understood, if we vary somewhat from the order in which they are assigned in the motion in arrest.
The third ground assigned is, that the bond itself is not a legal bond, in this, that the bond was given for the guardianship of the persons and property of four individuals.
The defendant's counsel argue that the Court of Probate could not by one and the same decree appoint one individual guardian to several wards; that the person and estate are…
2Cases cited1 opinion
- Judge of Probate v. TillotsonSuperior Court of New Hampshire · 1833