Hugonin v. Cleveland Trust Co.

By the Court.

The sole question presented by the record in this case is whether the Court of Probate may apply the so-called doctrine of substitution of judgment by ordering a trustee or guardian of a nonresident insane person to withdraw funds from the ward’s estate for the support of another when there is no legal liability upon the ward for such support and no evidence that the ward himself, if sane, would furnish such support.

In the majority opinion the Court of Appeals correctly observed that “there can be no question as to the correctness of the general proposition * * * that there is,…