Muse v. Muse

Mississippi Supreme Court
Muse v. Muse, 76 Miss. 372 (Miss. 1898)
Woods

Muse v. Muse

Opinion of the Court

Woods, C. if.,

delivered the opinion of the court.

We have no statute which confers upon the nearest of kin of an adjudged lunatic the legal right to have the guardianship of the lunatic. The cases cited by counsel for appellant involved the legal right of the nearest of kin to have the guardianship of a minor. In such cases the law conferred the right upon the nearest of kin to guardianship of the minor. But we have no such statute as to the appointment of guardians of the person or estate of insane persons. The power of appointment in such case is confided to the discretion of the chancery court, and, in the case before us, that discretion appears to have been wisely exercised.

Affirmed.

Reference

Full Case Name
Edgar H. Muse v. Margaret P. Muse
Cited By
3 cases
Status
Published
Syllabus
1. Lunatic. Guardianship. Next of 7cin. Chancery court. The next of kin have no legal right to the guardianship of the person or estate of a lunatic, hut the power of appointment is confided to the discretion of the chancery court. 2. Same. Code 1893, § 2186. Code 1893, § 3186, does not apply to the appointment of a guardian to a lunatic.