Legal Opinion

Mathewson v. Sprague

U.S. Circuit Court for the District of Rhode Island

Decided November 15, 1853PublishedCited by 3 opinions

This was an action of ejectment to recover an undivided part of four lots of land, situate in Cranston and Johnston. The plaintiff [George Mathewson] proved that William Sprague died seised of the lands, on the 27th of March, 1834, and it was admitted that he left three children, William, Amasa, and Al-mira, and that the plaintiff was one of four children of his daughter Susanna, who died in the lifetime of her father.

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This was an action of ejectment to recover an undivided part of four lots of land, situate in Cranston and Johnston. The plaintiff [George Mathewson] proved that William Sprague died seised of the lands, on the 27th of March, 1834, and it was admitted that he left three children, William, Amasa, and Al-mira, and that the plaintiff was one of four children of his daughter Susanna, who died in the lifetime of her father. The plaintiff, together with one sister and two brothers, were all minors, at the decease of their grandfather, and Amasa Sprague was their statute guardian. The defendants…

1Opinion of the Court

CURTIS, Circuit Justice.

The questions are, whether the probate of this will is defective, and if so, whether that defect renders the decree void, or only voidable by some appropriate proceeding to be had in that matter, by appeal or otherwise, as provided by law. To enable a statute guardian to bind his ward by a proceeding in a court of justice, some statute authority must be found for his act. The statutes of the several states on this general subject are not uniform, but I am not aware that any where the statute guardian is made, generally, competent to represent his ward in legal…

2Cases cited5 opinions

  1. Smith v. RiceMassachusetts Supreme Judicial Court · 1814
  2. Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
  3. Wales v. WillardMassachusetts Supreme Judicial Court · 1806
  4. Hunt v. HapgoodMassachusetts Supreme Judicial Court · 1808
  5. Parker v. LincolnMassachusetts Supreme Judicial Court · 1815

3Cited by3 opinions

  1. Elliott v. FowlerCourt of Appeals of Kentucky · 1901
  2. Bruce's v. Strickland's Adm'rSupreme Court of Alabama · 1872
  3. Sando v. RobertsSouth Dakota Supreme Court · 1916

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