In re Guardianship of Fegan

California Supreme Court

In re Guardianship of Fegan

45 Cal. 176

CourtCalifornia Supreme Court

DecidedJuly 1, 1872

DocketNo. 3,483

StatusPublished

Cited by3 cases

This text of 45 Cal. 176 (In re Guardianship of Fegan) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Guardianship of Fegan, 45 Cal. 176 (Cal. 1872).

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Opinion

By the Court:

The validity of the order appealed from must be determined altogether by reference to the statute. The power of the Probate Court to appoint a guardian for an insane person under the statute is not defeated or taken away by the fact that such insane person is a married person. And in case the insane person be the wife, there is no rule of law which prefers the husband as such guardian, or forbids the Court to appoint another person to be the guardian, if, in its opinion, the husband is not a fit person to discharge the duties of the guardianship.

Order affirmed.

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By the Court:

The validity of the order appealed from must be determined altogether by reference to the statute. The power of the Probate Court to appoint a guardian for an insane person under the statute is not defeated or taken away by the fact that such insane person is a married person. And in case the insane person be the wife, there is no rule of law which prefers the husband as such guardian, or forbids the Court to appoint another person to be the guardian, if, in its opinion, the husband is not a fit person to discharge the duties of the guardianship.

Order affirmed.

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Bluebook (online)

45 Cal. 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-guardianship-of-fegan-cal-1872.

Opinion

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