From Casetext: Smarter Legal Research

Newton, Ap't, v. Janvrin

Supreme Court of New Hampshire Rockingham
Jun 1, 1883
62 N.H. 440 (N.H. 1883)

Opinion

Decided June, 1883.

Under Gen. Laws, c. 185, providing that the judge of probate may appoint a guardian to any minor whenever there is occasion, and that the minor, if above the age of fourteen, may elect any person for his guardian, who, if suitable, shall be appointed, the minor's election of a suitable person does not authorize the appointment of a guardian when there is no occasion for the appointment.

APPEAL, from a probate decree appointing the defendant guardian of the plaintiff's minor son. Facts found by the court. The son, being more than fourteen years old, elected the defendant for his guardian. The son had no property, and it did not appear that there was any occasion for the appointment of a guardian.

Wiggin Fuller and Marston Eastman, for the plaintiff.

Frink Batchelder, for the defendant.


The statute (G. L., c. 185) did not authorize the appointment of the defendant unless there was occasion for the removal of the minor's natural guardian. Whether there was occasion for the appointment of a guardian in place of the plaintiff is a question of fact to be determined by the court upon all the competent evidence, and not upon the minor's election alone.

CARPENTER, J., did not sit: the others concurred.


Summaries of

Newton, Ap't, v. Janvrin

Supreme Court of New Hampshire Rockingham
Jun 1, 1883
62 N.H. 440 (N.H. 1883)
Case details for

Newton, Ap't, v. Janvrin

Case Details

Full title:NEWTON Ap't v. JANVRIN

Court:Supreme Court of New Hampshire Rockingham

Date published: Jun 1, 1883

Citations

62 N.H. 440 (N.H. 1883)

Citing Cases

Guardianship of Kentera

The judge in his written opinion quoted from In re Guardianship of Hann, 100 Cal.App., 743, 281 P. 74, 75,…

Woodhead v. Children's Agency

The court was not bound to appoint a guardian simply because the minor nominated one. ( Newton v. Janvrin, 62…