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22 F. Cas. 459

Smith v. Burlingame

U.S. District Court

Decided November 15, 1825

U.S. District Court · decided 1825-11-15

Trespass and ejectment [by Mary Smith against Stephen Burlingame]. Plea, general issue.

Relies on Chase v. Hathaway

Decided 1825-11-15

STORY, Circuit Justice.

¶1My opinion is, that the objection is fatal. The courts of probate have no right to put a person under guardianship, as unfit to manage her affairs, without notice to the party, and an adjudication on the facts; and until such adjudication, no letters of guardianship can legally be issued. The case of Chase v. Hathaway, 14 Mass. 222, is directly in point, and with that case I entirely concur.

¶2Verdict for the plaintiff.

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