Waldron v. Woodman
Supreme Court of New Hampshire
Appeal from a decree of the probate court appointing the defendant guardian of the plaintiff’s child, a minor, more than fourteen years old, who elected the defendant guardian.
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Appeal from a decree of the probate court appointing the defendant guardian of the plaintiff’s child, a minor, more than fourteen years old, who elected the defendant guardian. Three of the reasons of appeal were,- — (1) tlie appointment deprives the plaintiff of the custody of liis child ; (2) was made without notice to tlie plaintiff; (8) was in disregard of the known wish and expectation of tlie defendant’s husband, now deceased, who left the child a legacy of $5,000. To those reasons the defendant demurred.
1Opinion of the CourtAllen, J.
The facts alleged in these l’oasons of appeal do not show that the decree is erroneous. If those facts were proved, it would not follow as a conclusion of law that the decree should be reversed. Everything deserving consideration being duly weighed, it might be proper to appoint some other person than the father. The statute does not require notice to be given to the father. The wish and expectation of another person, who gave the child $5,000, are not decisive of the question who should bo guardian. In determining the sufficiency of the reasons of appeal, the question is not whether any or…
2Cited by3 opinions
- Doughty v. LittleSupreme Court of New Hampshire · 1881
- Eastman v. BarnesSupreme Court of New Hampshire · 1883
- Wright v. DelanoSupreme Court of New Hampshire · 1882